What is the test for possession of a drug and/or possession of methamphetamine?

California, United States of America


The following excerpt is from People v. Meza, E060426 (Cal. App. 2015):

defendant or on the issue of defendant's guilt. The People were not relying on the confidential informant's buys or testimony to prove the charged offenses against defendant. The element of possession requires proof that the defendant exercised dominion and control over the item possessed. (People v. Cordova (1979) 97 Cal.App.3d 665, 669.) Any dominion and control issues were resolved when the officers found the drugs and paraphernalia, along with defendant's identification card, inside defendant's jacket, which defendant admitted belonged to him. This evidence may allow a trier of fact to infer that defendant also had possession of the methadone pills found within the apartment. (See People v. Arline (1970) 13 Cal.App.3d 200, 202, disapproved on another ground in People v. Hall (1986) 41 Cal.3d 826, 834.) This is not a case in which drugs were found in plain view and an issue arose about who possessed them. (See Honore v. Superior Court (1969) 70 Cal.2d 162, 166, 169.) Moreover, the confidential informant had positively identified defendant as the person he or she had purchased methamphetamine from. In this matter, the large amount of methamphetamine, heroin, and drug paraphernalia were found inside defendant's jacket. We may infer dominion and control of the methadone pills found within the apartment.

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