Possession is a primary element in many criminal offenses in the State of Tennessee. For example, the offense of “Possession of a controlled substance” clearly requires the State of Tennessee to prove that the defendant “possessed” the controlled substance. At first glance, the word “possession” seems easy enough to define and prove; however, within the law the word “possession” remains an elusive concept.
If you have been charged with a crime that requires the prosecution to prove possession based on a constructive possession argument it is crucial for you to understand what constructive possession is and how the state of Tennessee will try to prove it.
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