Crucial Exams

Multistate Bar Examination Practice Question

Which of the following statements most accurately describes when a defendant may be held criminally liable for possession of contraband that is not found on the defendant's person?

  • Mere proximity to contraband, without proof of knowledge or control, is sufficient to establish constructive possession.

  • A defendant may be convicted if the defendant alone has the right to enter the premises where contraband is stored, even if unaware of the contraband's presence.

  • Actual, physical custody of the contraband at the moment of arrest is always required for a possession conviction.

  • Liability is established if the defendant knows the contraband is present and has both the power and intent to exercise control over it, even though it is not on the defendant's person.

Multistate Bar Examination
Criminal Law and Procedure
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