Point/Counterpoint: Students weigh in on policy changes Aug 28, 2008
Under the previous set-up, students could be charged with constructive possession, meaning that they were somewhere with drugs or alcohol but not participating ... Under the previous set-up, students could be charged with constructive possession, meaning that they were somewhere with drugs or alcohol but not participating. (Carroll County Times, MD)
CHANGING HIS TUNE: Meyer reneges on pledge to alumni Aug 13, 2008
A spokesman told The Miami Herald that "constructive possession" is difficult to prove, and the state attorney was under the impression that UF would handle the discipline. In and of itself, marijuana possession is a minor crime worthy of little more than a glorified parking ticket. (SportsIllustrated.CNN)
Artifact could be piece of Le Griffon Jul 13, 2008
The admiralty arrest simply means the court holds the artifact and constructive possession of the ship, that is holding the ship without actually having physical possession of it, until it can be determined whether the wreck is Le Griffon and if the State of Michigan or France owns the ship. Now that Robert Holmes Bell, Chief U.S. District Justice and his court have jurisdiction over the unidentified wreck it cannot be seized, moved or disturbed without a court order. (Gaylord Herald Times, MI)
Olten acquitted in federal trial Apr 22, 2008
winky615 wrote on Apr 18, 2008 9:36 AM:" BOXER: In "simple" possession cases (at the state level), the state must show the defendant knows the following: 1. the presence of the substance 2. the illegal nature of the substance and the suspect 3. had actual or constructive possession and 4. the substance was a controlled substance. ". TheRickster wrote on Apr 18, 2008 8:07 AM:" I find out he is a convicted felon, so the gun with him is enough, being his or not, should put him in for some time.If... (Jefferson City News Tribune, MO)
ARDC: Former Coles asst. prosecutor may be disbarred Mar 15, 2008
85CHSGrad wrote on Mar 14, 2008 5:44 PM:" I do believe the State's Atty's Office was trying to hide the fact all the way around! Why did it take so long to get this story printed? And probably wouldn't have, had I not started posting it in the comments of the Abernathy article! Please review the evidence they have against Abernathy and his meth charge. I see no considerable evidence in that case at all. "Constructive Possession"? Constructive possession is a legal fiction to describe a situation... (Mattoon Journal-Gazette, IL)
New prosecution witness causes Abernathy drug trial to be postponed Mar 5, 2008
85CHSGrad wrote on Mar 3, 2008 5:50 PM:" New Evidence? 10 months after the drugs were found. If you will notice under the other Abernathy article, I said that a "frame job" is to easy to construct under the constructive possession laws. I am almost willing to bet, that this new witness has something to do with the other case pending on Abernathy. Just as I am almost willing to bet, that this new witness also has one if not all the following; charges pending, priors, probation. I am not buying,... (Mattoon Journal-Gazette, IL)
Strip-searched women sue Jan 7, 2008
Since alcohol was around them at the party, they were charged with "constructive possession.". Essentially, they had access to alcohol if they wanted it. (The St. Augustine Record)
Two arrested in drug bust; cocaine found in motel room Nov 29, 2007
They had what is called constructive possession, Fuller said. He said the substance appeared to be cocaine. (Montrose Daily Press, CO)
High school drug and alcohol policy adopted Nov 22, 2007
"I would support it as written," said member Bill Bates, who described a two year period as unnecessary, pointing out the potential for students who were caught with "constructive possession" that is, being in the vicinity of drinking or drugging would be unduly punished. As a compromise, Chairwoman Jean McCartin suggested a probationary period of 18 months. (Danvers Herald, MA)
Charges dropped against juvenile Sep 28, 2007
"Illinois statute makes it a violation of law to possess a weapon in a vehicle owned or operated by a school. The possession can be actual where it can be controlled or constructive possession where it's just there," said Associate Judge Robert M. Travers. "It comes right down to the witness statement. The witness indicated today that (the juvenile) did not possess the weapon. Evidence did not prove that he ever handled the gun. I do not believe he ever handled a weapon," concluded Travers. (Pontiac Daily Leader, IL)
Man killed during police chase May 19, 2007
According to the Florida Department of Corrections, Burns had a 1988 conviction in Liberty County on constructive possession of a controlled substance, a 1994 conviction in Gadsden County on dangerous drugs and a 1999 conviction on burglary in Jackson County. According to Godby, TFC Duke and TFC Charles Hall were conducting a road safety checkpoint at the bottom of a hill when the truck approached. (Bainbridge Post Searchlight, GA)
The sober truth Mar 2, 2007
In granting the injunction, Norfolk Superior Court Judge Elizabeth Bowen Donovan drew a sharp distinction between so-called "active possession" of alcohol -- meaning partyers who are seen holding drinks or who are visibly intoxicated -- and "constructive possession" -- meaning teenagers who had obvious access to alcohol and were aware it was there ... "Police chiefs across the country are using constructive possession to hold everyone responsible," said Foxborough Police Chief Edward O'Leary. (Boston Globe -- Local)
Allegations About Attorney's Conduct Result in New Chance to Vacate Plea Oct 12, 2006
In Pina's appellate brief, his attorney argued that "Batalla failed to bring to the court's attention important, and relevant factors that would have undermined the sufficiency of the evidence against Mr. Pina, including: that Mr. Pina was a temporary employee, and not the manager or owner of the store; that there was no evidence that Mr. Pina had any access to the trap door behind which the narcotics were kept or even knew the trap door existed; and that there was nothing, other than his... (Law.com)
Crime rate increase no cause for alarm Jul 20, 2006
The Uniformed Crime Report is based on the following violent and non-violent crimes: murder, forcible rape, robbery, aggravated assault, burglary, motor vehicle theft and larceny, which as defined by the FBI is the unlawful taking, carrying, leading, or riding away of property from the possession, or constructive possession of another person. The report is based on reports from local law enforcement agencies, which the Florida Department of Law Enforcement receives and submits to the FBI.. (Chiefland Citizen, FL)
Carried into court, Mahajan gets 14-day judicial custody Jun 9, 2006
Instead, the police version points at constructive possession, which does not hold merit under the NDPS.. Meanwhile, the defence has moved for granting of bail to Mahajan. (Expressindia.com)
A closer look at MIP May 5, 2006
Occasionally, under the old law, a person not in actual possession might be charged with constructive possession, Lawson said ... The DD wouldn t be in trouble for drinking and certainly wouldn t get a DWI but could be charged with constructive possession of alcohol, Lawson said. (Skieston Standard Democrat, MO)
