Legal Definitions - direct possession

Direct possession refers to the immediate physical custody or control over an item or property. This means a person is physically holding, carrying, or otherwise has an object within their immediate reach and under their exclusive control at a specific moment in time. It signifies a direct, tangible relationship between a person and the item.

• Imagine a person walking down the street, holding a cup of coffee in their hand. That person has direct possession of the coffee cup because they are physically holding it and exercising immediate control over it. If they set it down on a public bench and walk away, they no longer have direct possession.

• Consider a librarian standing at the circulation desk. The books on the desk directly in front of them, which they are actively scanning or handing to patrons, are under their direct possession in that moment, as they have immediate physical control and access to them for their duties. Even though the library owns the books, the librarian has direct possession of those specific items while handling them.

• During a security check at an airport, a traveler places their laptop bag on the conveyor belt going through the X-ray machine. While the bag is on the belt and within their immediate sight and reach before it enters the machine, they maintain direct possession of its contents. If the bag goes through the machine and is picked up by another person by mistake, the original traveler loses direct possession, even if they still legally own the items inside.