Talk:Constructive possession

Wow, this article is clear as mud. Maybe a simple comparison of the differences between actual, physical, and constructive possession would help? I don't understand how having a key to your car is constructive possession while having a key to a lock that attaches someone else's car to an immovable object is actual possession. --98.185.237.73 (talk) 05:55, 4 August 2010 (UTC)

"For example, if one's car is sitting in one's driveway, one has physical possession of the car. However, any person with the key has constructive possession, as they may take physical possession at any time without further consent from one" - isn't that "right to immediate possession" as opposed to constructive possession? Constructive possession would be what you have when you park the car on the street outside your work. It differs from the park parked in your drive way as the latter is ALSO on your land. Oboler (talk) 06:57, 30 July 2010 (UTC)

Constructive possession is a legal fiction to describe a situation where an individual has actual control

a person who makes it impossible to take possession of another's property has taken actual possession, not constructive possession. For example, if someone chains someone else's car to an immovable object, he or she has taken possession of it even though he or she has not moved it.

Constructive possession is a controversial concept, especially in certain situations.
We need to have some info on the controversial nature of this legal fiction. It has been used to charge people with violent crimes simply because the person committing the otherwise nonviolent crime knew where a gun was stored belonging to someone else, something that has been criticized. Provided reliable sources can be obtained that delve it he controversial nature of this concept, we should address that. Also, the article mentions that having the ingredients to make an illegal weapon can be considered constructive possession too. Would this apply say to an owner of a hardware store that sold the ingredients to make a pipe bomb in their store if they where arrested for another crime where access to a weapon was relevant in potential jail time? That part needs to be sourced and explained better because surely a lot of people would qualify under the example given how it’s possible to build illegal weapons from certain household products. Notcharliechaplin (talk) 02:24, 19 September 2019 (UTC)

I know someone who was shot by the police. She is dead. Apparently her boyfriend had robbed a house and one of the boxes that he had in the trunk contained stolen firearms. They were pulled over after the fact and even though she was not present during the robbery, she was also charged with possession of illegal firearms. It's my understanding that CP is not "the law* in many countries as it is in the US. Perhaps my late friends experience us the reason  Gjenkins1959 (talk) 05:35, 17 July 2020 (UTC)

Should the article be updated to reflect it's use in the US? Gjenkins1959 (talk) 05:38, 17 July 2020 (UTC)

Revamping the Article
I am going to try and rewrite this article to focus on how constructive possession can be proven legally in the courts and what the elements are. These personal anecdotes written in this article do not seem to adhere to the modern style of writing for wikipedia so I will be replacing it. I believe constructive possession has a deeper history with British common law so that might also be a specific place to start. Amicuswiki07 (talk) 05:59, 17 December 2021 (UTC)