Constructive Possession

[JBU2010]

Based on Law.com..

constructive possession
n. when a person does not have actual possession, but has the power to control an asset, he/she has constructive possession. Having the key to a safe deposit box, for example, gives one constructive possession.

Say there are large amounts of alcohol at a small "powwow" with no parental supervision or anything of the sort. Simply a bunch of subjects that are of course, minors. TABC or the local Sheriffs Department "raids" the party and catches most of the subjects.

They catch a total of 10 subjects. 2 haven't been drinking. These two subjects that haven't consumed any alcohol and display no signsof inebriation, what happens to them? Can they apply constructive possession to them based on the situation?

Sorry about the mixed thoughts, but trying to figure out in this "hypothetical situation" what is going on and how the law is applied. I suppose it does vary per state, but again this is in Texas.

[txinvestigator1]

That is a question for attorneys and the courts. At the scene, the police can and often do arrest everyone. If you are underage do not be around other underage people who are drinking.

It is a concept called "personal responsibility".

[JBU2010]

I figured that it would be based an actual interpretation of the law. Once again, thanks for the help TX.

[oscarmitre]

This used to be a problem in my jurisdiction when we did drugs raids where persons present on the premises weren't in direct control of the drugs. There might be a bag of dope on the floor but everyone you questioned told you "it's not mine man". We would pinch whoever was in control of the premises and we would lose a few based on the fact that we could not prove exclusive possession.

I stress it is only in my jurisdiction that I am speaking off but constructive possession here, while it might be joint, must be exclusive to one or the joint (bad pun) parties.

Of course each case is decided on its merits that's why general questions and general answers aren't useful. As Tx said, it's up to the courts and they will find on the facts. Remember no case is identical to another. They might look similar but they are never ever identical.

[Scruit]

Original question: If I was on a jury in this case, given the wording described... My interpretation would depent on if either of the two 'clean' subjects were in posession of the HOUSE. If they lived there, owned it, rented it or they are family members of the owners etc then I would consider their posession of the property to be prima facia evidence of constructive posession of the alcohol.

If they are 'just there' then I would vote not guilty.

[JBU2010]

10-4; thank you for your input.