Dertavious Cain v. State of Arkansas
609 S.W.3d 680
Ark. Ct. App.2020Background
- Police stopped a vehicle driven solely by Dertavious Cain after a traffic violation; the car was reportedly borrowed and registered to another person.
- During an inventory search prior to towing, officers observed and recovered a loaded pistol (with extended magazine) under the driver’s seat.
- Officers also found a small bag with individually wrapped items under the driver’s seat that tested positive for cocaine, and a camouflage backpack on the rear passenger floorboard containing several ounces of vacuum-sealed marijuana.
- Multiple items in the car and trunk bore names or identification tied to other people; no item in the vehicle bore Cain’s name, and no fingerprints linked him to the contraband.
- Cain acted nervous, declined to let officers search initially, and told officers he borrowed the car and didn’t know what his friend might have had inside; trial court dismissed a paraphernalia charge but convicted Cain of simultaneous possession of drugs and firearms, possession with intent to deliver cocaine, and possession with intent to deliver marijuana.
- On appeal Cain challenged sufficiency of the evidence, arguing the State failed to prove he actually or constructively possessed the gun and drugs.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Cain) | Held |
|---|---|---|---|
| Whether the Polk "general inquiry" (not heightened) applies when a single occupant is in a borrowed car | Polk controls: single occupant in borrowed car requires only general constructive-possession inquiry | Court should apply heightened "joint-occupancy" or additional-factor analysis because items identifying others were in the car | Polk governs; heightened inquiry not required because contraband was in areas immediately accessible to the driver |
| Whether substantial evidence supports constructive possession of the gun, cocaine, and marijuana | Contraband was found under driver’s seat and in areas immediately accessible to driver; Cain’s nervousness and statements indicate knowledge | Items and IDs tied to other people, no direct ID or fingerprints linking Cain to contraband; evidence insufficient to exclude other hypotheses | Substantial circumstantial evidence supports constructive possession convictions; affirmed |
Key Cases Cited
- Polk v. State, 348 Ark. 446 (general inquiry for constructive possession where single occupant in borrowed car)
- Pokatilov v. State, 2017 Ark. 264 (heightened inquiry appropriate when contraband in property of another being transported)
- McKenzie v. State, 362 Ark. 257 (requiring additional linking factors when contraband located in trailer of eighteen-wheeler)
- Dyas v. State, 2020 Ark. App. 52 (constructive-possession found where contraband was visible/accessible from driver area)
- Bens v. State, 2020 Ark. App. 6 (constructive possession may be implied when contraband is in immediately accessible place)
- Sharp v. State, 2019 Ark. App. 506 (bench-trial motion to dismiss challenges sufficiency of the evidence)