Legal Definitions - Possess

To possess something, in a legal context, means to have control over it. This control can be direct physical custody, or it can be the power to direct its use, manage it, or exclude others from it. The concept often implies an awareness of the item's nature and an intention to exercise control, even if the item is not physically held at that exact moment.

• Example 1: Physical Possession (Direct Control)

  Imagine a person is stopped by airport security, and a prohibited item, like a small knife, is discovered in their carry-on bag. Here, the individual possesses the knife because it is physically within their immediate control and custody, even if they claim to have forgotten it was there. The act of carrying it in their bag demonstrates direct physical control.

• Example 2: Property Possession (Control and Exclusion)

  Consider a landlord who owns an apartment building. Even though they live in a different city, they have the legal right to collect rent, enter the apartments for maintenance (with proper notice), and evict tenants who violate their lease. The landlord possesses the apartment building because they have the legal authority to control its use, manage its occupants, and ultimately exclude others from it, despite not physically occupying the premises themselves.

• Example 3: Constructive Possession (Knowledge and Power to Control)

  A business owner instructs their employee to store a box of counterfeit designer handbags in a locked storage unit, for which only the owner has the key. The owner never physically touches the box after it's delivered. The business owner possesses the counterfeit handbags. Although they do not physically hold the box, they have knowledge of its contents and character, and they exercise control over it through their employee and by holding the key to the storage unit, demonstrating the power to access and manage the items.