Baltimore v. State, 2017 Ark. App. 622

On Nov. 14, 2015, Officer Ryan Davidson stopped a gray Toyota Camry driven by Dexter Baltimore for traffic infractions; two passengers were also in the car.
Davidson smelled marijuana, asked Baltimore to exit, and observed marijuana in Baltimore’s seat in plain view.
During a search, Davidson found two small crack rocks in the front center cup holder and small pieces of crack on the floorboard; evidence was bagged and delivered to property room.
Forensic testing confirmed 0.1315 grams of marijuana and 0.0908 grams of cocaine.
Baltimore was convicted at a bench trial of possession of marijuana (misdemeanor) and possession of cocaine (Class D felony) and received concurrent probationary sentences; he appealed the cocaine conviction arguing insufficient evidence of constructive possession.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether evidence was sufficient to prove Baltimore constructively possessed cocaine	State: cocaine found in front center cup holder and on floorboard near driver; Baltimore drove and thus exercised dominion and control	Baltimore: driving vehicle and proximity alone (not plain view) are insufficient to infer knowledge; no evidence linking cocaine to his personal effects, ownership, plain view, or suspicious conduct	Reversed and dismissed: evidence insufficient to prove constructive possession because only driving and proximity were shown; no proof cocaine was in plain view or otherwise linked to Baltimore

Mings v. State, 318 Ark. 201, 884 S.W.2d 596 (constructive possession can be established by joint control but joint occupancy alone is insufficient)
Walker v. State, 77 Ark. App. 122, 72 S.W.3d 517 (driver-only plus location under seat insufficient to infer knowledge of contraband)
Foster v. State, 467 S.W.3d 176 (standard for reviewing sufficiency of the evidence)
McCastle v. State, 392 S.W.3d 369 (not all possession-linking factors must be present to prove constructive possession)