To be lawfully convicted for the constructive possession of a controlled substance, what must the prosecution prove?

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Understand the Problem

The question is asking what must be proven by the prosecution in a case involving constructive possession of a controlled substance. It outlines various conditions related to knowledge and proximity concerning the substance in question.

Answer

Prosecution must prove knowledge of contraband nature.

The correct answer is: That the defendant knew that the substance he or she possessed was of a contraband nature.

Answer for screen readers

The correct answer is: That the defendant knew that the substance he or she possessed was of a contraband nature.

More Information

In constructive possession cases, the prosecution must show that the defendant knew of the substance's illegal nature and had control or intent to control it.

Tips

A common mistake is thinking proximity alone equates to possession. Control and awareness are key.

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