What is constructive possession in property crimes, and how can it apply to contraband?

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Constructive possession means you don’t have the contraband in your hands, but you have the power and intent to exercise control over it and you know it’s there. In contraband cases, this applies when the item is found in a place you control or within something you control, and you’re aware of its presence. The key elements are knowledge of the contraband’s presence and the ability to exercise control over it, even though you’re not physically holding it at that moment. This is why contraband discovered in your home, car, or other property you control can support a possession charge without actual possession.

This concept is broader than merely having physical custody, so owning land isn’t the defining factor, and possession by a group can exist but isn’t required to explain constructive possession.