Which of the following is NOT a factor used to prove constructive possession of CDS?

• A. Absence from the area where CDS was found
• B. Mutual use and enjoyment
• C. Proximity
• D. Proprietary interest

Answer: (A)

Constructive possession means you must have knowledge of the item and the power to exercise control over it, even if you don’t physically possess it. Proximity to the place where the CDS is found, a proprietary interest in the location, and mutual use or enjoyment of that space are all factors that help show you had the opportunity, access, or authority to control the contraband. Absence from the area, however, does not support proving constructive possession; being away undermines the ability to exercise dominion over the CDS and is generally a sign against possession unless there’s other strong evidence that you still controlled or accessed the space through someone else.