Legal Definitions - Possession

In legal terms, Possession refers to the control a person has over an object, asset, or property. This control can involve direct physical custody or the ability to direct its use and enjoyment, even without immediate physical contact. It signifies a relationship where an individual has the power and intent to manage or hold something.

There are two primary types of possession:

• Actual Possession: This is the most straightforward type, meaning direct physical custody or immediate control over an item. If you are physically holding something or have it within your immediate reach and control, you have actual possession of it.

  • Example 1 (Actual Possession): A person is walking down the street, holding a smartphone in their hand. They are actively using it to check directions.

    Explanation: The individual has direct physical custody and control over the smartphone. They are physically holding it and can immediately use or put it away, demonstrating actual possession.

  • Example 2 (Actual Possession): A chef is working in a kitchen, using a knife to chop vegetables.

    Explanation: The chef has the knife physically in their hand and is directly controlling its use. This immediate physical contact and control illustrate actual possession.

• Constructive Possession: This type of possession exists when a person has knowledge of an item and the ability to control it, even if they do not have direct physical contact with it. It implies the power and intent to exercise control, even from a distance.

  • Example 1 (Constructive Possession): A homeowner is inside their house, and their car is parked in their locked garage. The homeowner has the car keys on a hook by the door.

    Explanation: Although the homeowner is not physically in the car or even in the garage, they know the car is there, and they possess the keys, giving them the immediate ability to access and control the vehicle. This demonstrates constructive possession.

  • Example 2 (Constructive Possession): A business owner has a secure storage unit filled with inventory. They hold the only key to the unit and know exactly what is inside.

    Explanation: The business owner is not physically present with the inventory, but they have exclusive access (the key) and knowledge of its contents, giving them the power to control it. This constitutes constructive possession.

  • Example 3 (Constructive Possession): A person has a digital wallet on their computer containing cryptocurrency. They know the password and have access to the computer.

    Explanation: While the cryptocurrency itself is not a physical object, the person has the knowledge (password) and the means (computer access) to control and transfer it. This illustrates constructive possession over digital assets.