Suburban Law Enforcement Academy (SLEA) BA State Certification Practice Exam

What type of possession is described as having direct physical control over a substance?

1. Actual possession

2. Constructive possession

3. Joint possession

4. Possession by association

The correct answer is: Actual possession

The concept of actual possession refers to an individual having direct physical control over a substance, meaning they are holding it or it is in their immediate reach. This form of possession is characterized by proximity and the ability to exercise control over the item. For instance, if someone holds a controlled substance in their hand or has it within their direct reach, they are considered to be in actual possession of it. In contrast, constructive possession involves a situation where an individual does not have physical control over an item but has the intent and ability to control it, such as having it stored in a location under their control. Joint possession refers to a scenario where two or more people have ownership or control over an item. Possession by association implies that a person may be linked to an item through association with someone who has possession. Each of these alternative forms of possession lacks the direct control emphasized in the definition of actual possession.