THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
Go to Shellow Collection Table of Contents

    1.    Momentary Possession
    2.    Possession Defined: Power And Authority
    3.    Possession Defined: Ownership Is Not Possession
    4.    Possession Defined: Requirement Of Appreciable Ability To Guide The Destiny 
           Of The Drug

THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin

ALERT:  Carefully review the Caveats and Disclaimers before using these materials.

    A person who has dominion and control over a drug for only a very short period of time is not in possession of the drug. That is, a person who only fleetingly or momentarily has control over a drug is not a possessor of that drug.

    For this reason, a defendant who intends that his control over a drug will only be momentary and fleeting and who attempts to secure such control, has not attempted to possess the drug.

See also THE SHELLOW COLLECTION: Drugs, Controlled Substances: Possession.

RELATED NCJIC MATERIALS:

See NCJIC 56.3 [Momentary, Innocent, Justifiable, Unwitting Or Accidental Possession].

THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin

ALERT:  Carefully review the Caveats and Disclaimers before using these materials.

    In order for the government to prove that ____________ (name of accused) attempted to possess the ____________ (object allegedly possessed) it must prove beyond a reasonable doubt that ____________ (name of accused) intended to exercise dominion and control over the marijuana and that he attempted to do so.

    A person exercises dominion and control over an object when he or she has the power and authority to act with respect to the object and to make decisions concerning it.

See also THE SHELLOW COLLECTION: Drugs, Controlled Substances: Possession.

RELATED NCJIC MATERIALS:

See NCJIC 56.1 [Possession: Miscellaneous Issues And Defenses].

See also NCJIC 56.2 [Possession: Sufficiency Of Proof].

THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin

ALERT:  Carefully review the Caveats and Disclaimers before using these materials.

    In order for the government to prove that a defendant attempted to possess marijuana it is necessary for it to prove beyond a reasonable doubt that such defendant intended to exercise dominion and control over the drug and that he attempted to do so.

    If all that the evidence has shown is that a defendant paid for the purchase of a drug, that defendant may have attempted only to be the owner of the drug and not its possessor. Ownership and possession are not the same. Merely because a person owns drugs does not necessarily mean that he possesses the drugs; similarly, merely because a person possesses drugs does not mean that he is the owner of the drug. Possession is a matter of control; ownership is a matter of title.

United States v. Landry, 257 F.2d 425 (7th Cir. 1958).

See also THE SHELLOW COLLECTION: Drugs, Controlled Substances: Possession.

RELATED NCJIC MATERIALS:

See generally NCJIC Chapter 56: Possession.

See also NCJIC 56.2.5 [Possession: Ownership Or Occupancy Not Sufficient].

THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin

ALERT:  Carefully review the Caveats and Disclaimers before using these materials.

    In order for an individual constructively to possess property, he must knowingly hold the power and ability to exercise dominion and control over it. In the case of drugs, one must have an appreciable ability to guide the destiny of the drug.

United States v. Culpepper, 834 F.2d 879, 881 (10th Cir. 1987); United States v. Staten, 581 F.2d 878, 883 (D.C. Cir. 1978).

See also THE SHELLOW COLLECTION: Drugs, Controlled Substances: Possession.

RELATED NCJIC MATERIALS:

See generally NCJIC Chapter 56: Possession.

See also NCJIC Chapter 88: Drugs, Controlled Substances