NCJ Number
4206
Journal
FBI Law Enforcement Bulletin Volume: 40 Issue: 12 Dated: (DECEMBER 1971) Pages: 21-24
Date Published
1971
Length
4 pages
Annotation
JUDICIAL DECISIONS CONCERNING SEARCH AND SEIZURE WITHOUT A WARRANT.
Abstract
CONSTRUCTIVE POSSESSION EXISTS WHEN THE PERSON SEARCHED IS PHYSICALLY SEPARATED FROM THE PROPERTY, BUT HAS ON HIS PERSON SOME EVIDENCE OF OWNERSHIP. THE AUTHOR CONTENDS THAT CONSTRUCTIVE POSSESSION SHOULD NO LONGER BE RELIED UPON TO JUSTIFY A SEARCH INCIDENT TO ARREST. (AUTHOR ABSTRACT MODIFIED)