What is the test for constructive possession of a drug?

California, United States of America


The following excerpt is from The People v. Acosta, D056274, No. RIF138870 (Cal. App. 2010):

"Actual possession of the drug is not required. Constructive possession may be proven by circumstantial evidence. [Citation.] Therefore, all that need be proven is that the contraband was deposited in a place under defendant's possession and control." (People v. Allen (1967) 254 Cal.App.2d 597, 603.) "All elements of the offense may be established by circumstantial evidence and any reasonable inferences drawn from such evidence." (People v. Eckstrom, supra, 187 Cal.App.3d at p. 331; see also Tripp, supra, 151 Cal.App.4th at p. 956.)

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2. Standard of review

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