International Law Enforcement Academies (ILEA) Criminal Law Practice Exam 2026 – Comprehensive All-in-One Guide for Exam Success

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What does constructive possession refer to in drug law?

Possessing drugs with intent to distribute

Having physical control over drugs

Knowing and having the power to control a substance without physical possession

Constructive possession in drug law refers to the situation where an individual does not have physical custody of a controlled substance but still has the knowledge of it and the power to control it. This concept is crucial in legal contexts because it helps law enforcement establish culpability in scenarios where drugs are found in a location that a person does not physically occupy, such as a car, home, or locker.

For instance, if an individual knows that illegal substances are stored in their apartment and has the ability to access those substances, they can be charged with constructive possession even if the drugs are not found in their direct physical control at the moment of arrest. This understanding emphasizes the significance of knowledge and the ability to exert control over a substance, aligning with the principle that mere physical possession is not always necessary for legal liability related to drug offenses.

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Keeping drugs in a secure location

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