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Possession is not possible without knowledge, dominion and control

Dec 10, 2010 Possession is not possible without knowledge, dominion and control

Even when a prosecutor can prove that illegal drugs or weapons were found on a defendant, in his or her car, or in his or her residence, luggage, or other belongings, that does not automatically mean s/he will be convicted, even if the prosecutor has all his or her necessary witnesses and evidence at the trial date. Possession requires the prosecutor to prove knowledge, dominion and control of the contraband beyond a reasonable doubt. Smith v. Maryland, 415 Md. 174 (2010); Cordon v. Virginia, ___ Va. ___, 2010 Va. LEXIS 275 (Va. Nov. 4, 2010).

Therefore, The smaller the contraband (and the less stinky the marijuana, PCP or otherwise potentially stinky drug), the less likely that the suspect had possession of the item, under the legal definition of possession.

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