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Another essential element of unlawful possession, the dominion or control element, has been defined as having personal charge or exercising the right of ownership, management, or control over the article in question.1 This definition reflects the statute2 providing that possession reflected in the dominion or control element may be either actual or constructive.3Actual possession exists where a defendant has physical possession of the contraband and knowledge of that possession;4 actual possession means that: (1) the item is in the hand of or on the person, or (2) the item is in a container in the hand of or on the person, or (3) the item is so close that it is within ready reach of the person, and the item is under the control of the person.5
16B Fla. Jur 2d Criminal Law—Substantive Principles and Offenses § 1382
Under the governing statute,1 the possession required by the dominion or control element of unlawful possession of a controlled substance may be constructive, as well as actual.2 To establish constructive possession of an item of contraband, the relevant circumstances must show such a nexus or relationship between the defendant and the goods that it is reasonable to treat the extent of the defendant's dominion and control as if it were actual possession.3 In other words, to prove constructive possession of contraband, the State must show beyond a reasonable doubt that (1) the defendant knew of the presence of the contraband and (2) that he or she had the ability to exercise dominion and control over it.4
16B Fla. Jur 2d Criminal Law—Substantive Principles and Offenses § 1383
