MBE Rules · Criminal Law
Possession Offenses
Possession as an act
The rule
Possession requires knowing dominion and control for a period sufficient to terminate it; constructive possession suffices, and joint possession is possible — but mere proximity is not possession.
In plain English
Possession offenses require that a person has knowledge and control over an item for a time long enough to assert ownership. This can include constructive possession, where a person has control over an area where the item is located, and joint possession, where multiple people share control. However, simply being near an item does not qualify as possession.
Worked example
John finds a bag of drugs in his friend's car and knows they are there. He has access to the car and can retrieve the bag whenever he wants. Since John has knowledge and control over the drugs, he is found to have constructive possession of the drugs.
Memory hook
Possession means knowing and controlling, not just being close by.
The trap
Exams often include fact patterns where a student might confuse mere proximity with possession, leading to incorrect conclusions about liability.
How examiners test it
Questions typically present scenarios involving multiple individuals and require analysis of whether possession is actual, constructive, or joint, often testing the nuances of knowledge and control.
Drill this rule until it can't fail you.
Vrenberg generates unlimited questions on this exact rule, tracks your mastery of it, and brings it back until it sticks.