Question

Tom and his girlfriend, Lisa, together bought a firearm to share, One day, Tom and his other girlfriend, Jenny, were walking arm-in-arm to class. Tom didn't want to carry the gun, so he hid it in Jenny's backpack without Jenny knowing it. Jenny, who had the backpack over her shoulder, was stopped by a UIC police officer who found the gun. Which type of possession is not described in the above fact pattern?

	a.	Constructive
	b.	Joint
	c.	Fleeting
	d.	Mere
	e.	Actual

Answer 1

The type of position that is not described in the above scenario is Fleeting POssession.  Fleeting possession is one where person receives a banned item becomes aware of it and leaves control of it. Jenny did not become aware of the possession and neither did she leave control of the gun.

Jenny has actual position of the banned substance since she has physical control of it. Also she processes the gun without knowing it and she has mere possession of the same. She also has joint possession of the gun.Constructive possession is one where a person has actual control over the banned substance without having physical control of the same. In this scenario Tom has constructive possession of the gun.