Suburban Law Enforcement Academy (SLEA) BA State Certification Practice Exam

If someone possesses ecstasy in their pocket, what type of possession is this considered?

1. Actual possession

2. Constructive possession

3. Joint possession

4. Accessory possession

The correct answer is: Actual possession

When a person has ecstasy directly on them, such as in their pocket, this scenario is classified as actual possession. Actual possession refers to having physical control of a substance, which means the individual is aware of the presence of the drug and has it in their immediate physical space. This type of possession signifies that the person not only knows about the controlled substance but also has the ability to exercise control over it. In contrast, constructive possession would apply in cases where an individual may not have the drugs on their person but still has control over them, such as in a shared space or an area they have access to. Joint possession indicates that possession is shared among multiple individuals, which is not applicable here since the focus is on one individual's control. Accessory possession typically refers to someone who assists another in possessing drugs, but they do not have direct control themselves. Thus, the nature of having the ecstasy physically in their pocket solidifies this as actual possession.