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<blockquote data-quote="UpstateNYUPSer(Ret)" data-source="post: 412785" data-attributes="member: 12570">Steve, hindsight is always 20/20, but my first thought after I read your post was that you had your family in the car and that should have been your first concern. I am most certainly glad that things worked out well for you and your family and I certainly hope that nothing like this ever happens to you again.&nbsp;Back to the thread. This will never see a courtroom as it will be pleaded out, the severity of the plea based upon any priors. &nbsp;I Googled the phrase &quot;Possession is 9/10 of the law&quot; and this is one of the responses that I got:&nbsp;possessionn. 1) any article, object, asset or property which one owns, occupies, holds or has under control. 2) the act of owning, occupying, holding or having under control an article, object, asset or property. &quot;Constructive possession&quot; involves property which is not immediately held, but which one has the right to hold and the means to get (such as a key to a storeroom or safe deposit box). &quot;Criminal possession&quot; is the holding of property which it is illegal to possess such as controlled narcotics, stolen goods or liquor by a juvenile. The old adage &quot;possession is nine-tenths of the law&quot; is a rule of force and not of law, since ownership requires the right to possess as well as actual or constructive possession.See also: <a href="http://dictionary.law.com/default2.asp?selected=1554&amp;bold=" target="_blank">possess</a> &nbsp;Bottom line, while the kid may not have physically taken the phone from the facility, he did not have the right to possess the phone as the seller of the phone did not have actual or constructive possession of the phone.</blockquote>

[QUOTE="UpstateNYUPSer(Ret), post: 412785, member: 12570"] Steve, hindsight is always 20/20, but my first thought after I read your post was that you had your family in the car and that should have been your first concern. I am most certainly glad that things worked out well for you and your family and I certainly hope that nothing like this ever happens to you again. Back to the thread. This will never see a courtroom as it will be pleaded out, the severity of the plea based upon any priors. I Googled the phrase "Possession is 9/10 of the law" and this is one of the responses that I got: [B]possession[/B] n. 1) any article, object, asset or property which one owns, occupies, holds or has under control. 2) the act of owning, occupying, holding or having under control an article, object, asset or property. "Constructive possession" involves property which is not immediately held, but which one has the right to hold and the means to get (such as a key to a storeroom or safe deposit box). "Criminal possession" is the holding of property which it is illegal to possess such as controlled narcotics, stolen goods or liquor by a juvenile. The old adage "possession is nine-tenths of the law" is a rule of force and not of law, since ownership requires the right to possess as well as actual or constructive possession. [I]See also: [URL="http://dictionary.law.com/default2.asp?selected=1554&bold="][U][COLOR=#0000ff]possess[/COLOR][/U][/URL] [/I] Bottom line, while the kid may not have physically taken the phone from the facility, he did not have the right to possess the phone as the seller of the phone did not have actual or constructive possession of the phone. [/QUOTE]

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