What must be true for constructive possession to be established?

Constructive possession refers to a legal theory where an individual may not have physical possession of an item, but still has the ability to control it and has the intent to do so. For constructive possession to be established, it is essential that the individual intends to maintain control over the item, even if it is not in their direct physical possession. This intent indicates that the person has knowledge of the item's presence and has the power to exercise control over it, distinguishing it from mere access or incidental relationship.

The visibility of the item is not a requirement, as constructive possession does not depend on whether the item is in plain sight. Additionally, the ownership of the item being attributed to someone else does not negate constructive possession; an individual can possess someone else's property under certain circumstances. Lastly, having no connection to the item would contradict the principles of constructive possession, as this legal concept relies heavily on the idea that the individual has a recognizable link to the item, even if indirectly.