Many criminal offenses include possession of an item (usually contraband) as an element of the offense. Possession of a controlled substance and possession of a firearm are good examples of offenses that require the State to prove possession of something to convict the defendant. When possession is an element of the crime, the State may […]
Understanding Constructive Possession In a Tennessee Criminal Offense
Understanding Constructive Possession In a Tennessee Criminal Offense from Stan Bennett In practical terms, constructive possession applies when something is near you, or in your vicinity, but is not actually on your person. If that same firearm was found under the seat of the car you were in the prosecutor might make a constructive possession […]
