Also known as: corporeal possession · physical possession
Written by attorneys · grounded in primary & secondary sources — see below
A form of possession consisting of actual physical control over a tangible object. The holder exercises direct dominion by detaining or using the thing with the intent to treat it as one's own.
Select any source to read its text and confirm it supports the definition.
Pierre Poulin ordered custom machinery from a supplier. After delivery he inspected the units and rejected them for nonconformity. Although he no longer wanted the goods, Pierre kept them in his warehouse under lock and key and maintained them in good condition until the seller could arrange pickup.
Pilar Pena drove a sedan across state lines. Officers stopped the car and found contraband hidden under the front seat. Because Pilar had been driving and the items were within her immediate reach, she exercised direct physical control over the contents at the moment of the stop.
Philip Powell owned an apartment building. The cable company attached boxes and wiring directly to the roof without permission. The permanent physical attachment gave the company actual control over portions of the structure that Powell had previously held exclusively.
Perry Pratt and other employees signed a voting agreement but retained their stock certificates in personal safes. Because the certificates never left their hands and remained registered in their names, they continued to hold direct physical possession of the shares.
Priya Prasad discovered a valuable brooch while cleaning a house she had rented. She placed the brooch in her jewelry box at home and carried it with her on trips. By keeping the item on her person and in her private quarters, Priya maintained corporeal possession.
Phoebe Park's apartment was searched and drugs were found inside. Officers remained on the premises after the initial search and prevented anyone else from entering. Their continued physical presence and control over the unit constituted corporeal possession of the evidence.
Possessio corporis requires actual physical control over the object. Constructive possession exists when a person has the legal right to control an item even though it is not physically held.
Yes. After rejection the buyer must hold the goods with reasonable care at the seller's disposition. This duty arises precisely because the buyer retains physical possession until the seller reclaims the items.
No. The holder must also intend to exercise dominion over the thing. Mere custody without the requisite intent does not constitute possessio corporis under the civil-law definition.
…a practical matter the Order led to consequences no different from those that would have followed the temporary acquisition of physical possession of these mines by the United States," id. , at 181, the Court reasoned that "the Government did not occupy, use, or in any manner take physical possession of the gold mines or of the…