What is the test for inferring that someone in apparent possession is in possession of marijuana?

California, United States of America


The following excerpt is from Pierson v. Superior Court, 8 Cal.App.3d 510, 87 Cal.Rptr. 433 (Cal. App. 1970):

In People v. Nichols, 1 Cal.App.3d 173, 81 Cal.Rptr. 481, the officer knocked and defendant opened the door; the officer smelled an odor of marijuana smoke. The court stated (pp. 175--176, 81 Cal.Rptr. p. 482): 'The odor of marijuana justified the officer's belief that marijuana was in the house. * * * The fact that defendant opened the door and acknowledged that he lived there supported the belief that he was jointly or constructively in possession of any narcotics which were inside. * * * Courts have recognized that it is reasonable for an officer to infer that the person in apparent possession [8 Cal.App.3d 524] of a dwelling place is in possession of the narcotics found there, even though that possession may be shared with someone else. (See, e.g., People v. White, Supra, 71 A.C. at p. 86, 75 Cal.Rptr. 208, 450 P.2d 600.) The drawing of such an inference by the investigating officer, and by the court which receives the evidence, raises no constitutional issue.'

Other Questions


In what circumstances will a court change the charge of simple possession of marijuana to the charged offense of possession of possession for sale? (California, United States of America)
In what circumstances would the Court have found that possession for sale and possession for possession of a firearm be a less favourable verdict than the previous verdict? (California, United States of America)
Is there substantial evidence supporting a judgment that a man who was charged with possession of a small amount of marijuana had a license to sell marijuana? (California, United States of America)
Is a criminal charged with possession of a small amount of marijuana for sale entitled to a simple possession instruction? (California, United States of America)
Can a defendant appeal his conviction for possessing marijuana for sale and possessing a firearm? (California, United States of America)
What is the test for reasonable inference or strong suspicion of possession of marijuana seeds? (California, United States of America)
Is a convicted felon in possession of a firearm and possession of marijuana for sale eligible for resentencing? (California, United States of America)
What is the evidence supporting the possession of heroin and possession of marijuana in the same closet? (California, United States of America)
Can a defendant bring a motion to have a section 667.5 enhancement for possession of crystal methamphetamine reduced to a possession of the drug under Proposition 47? (California, United States of America)
What is the test for determining whether a minimum sentence for possession of a small amount of marijuana is disproportionate to the offense and offender? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.