Obtaining Possession
Possession requires both control and intention. It is obtained from the first moment that both those conditions exist simultaneously. Usually, intention precedes control, as when you see a coin on the ground and reach down to pick it up. Nevertheless, it is conceivable that a person might obtain control of a thing before forming the intention to possess it. If someone unknowingly sat on and therefore had control of a $10 note on the seat of a train, he or she could obtain possession by becoming aware of the note and forming the intention to possess it. People can also intend to possess things left, without their knowledge, in spaces they control.
Possession can be obtained by a one-sided act by which factual control is established. This can take the form of apprehension (taking an object not in someone's possession) or seizure (taking an object in someone's possession). It can also be obtained through a two-sided process of handing over the possession from one party to another. The party handing over possession must intend to do so.
Read more about this topic: Possession (law)
Famous quotes containing the words obtaining and/or possession:
“And if the civilized man’s pursuits are no worthier than the savage’s, if he is employed the greater part of his life in obtaining gross necessaries and comforts merely, why should he have a better dwelling than the former?”
—Henry David Thoreau (1817–1862)
“Those in possession of absolute power can not only prophesy and make their prophecies come true, but they can also lie and make their lies come true.”
—Eric Hoffer (1902–1983)