Many criminal offenses in the State of Florida require the prosecution to prove that the defendant was in possession of contraband. While the word “possession” may seem easy enough to define, it isn’t where the law is concerned. In fact, the law divides possession into two categories:
If you are ever accused of a crime in Florida and the State uses a constructive possession argument in your case it will matter quite a bit to you what “constructive possession in Florida” means.
As far as the law is concerned “actual possession” refers to a situation where you have physical possession of the item in question. For purposes of illustration, let’s assume that the item in question is a bag of marijuana. If a police officer searches your person and you have the bag of marijuana in the front pocket of your jeans then you are in actual possession of the contraband. Of course, it is not always this cut and dried which is why the concept of “constructive possession” was developed.
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