Johnson v. State, 2011 Miss. LEXIS 554

Johnson was convicted of cocaine possession and sentenced with a suspended term and post-release supervision following a December 2006 MBN drug operation at a Marion County gas station.
An informant purchased marijuana from Teddy; Walter delivered it and left with part of the marked money, prompting arrests and scene securing by agents.
Johnson appeared near a car at the scene, distinct from the drug transaction location, and was handcuffed and patted down but found to have no incriminating items.
A white rock-like substance (0.7 grams cocaine) was found in a nearby car, above the driver-side visor.
Johnson was indicted for possession of a controlled substance and as a subsequent offender; he moved to suppress the cocaine evidence, which the circuit court denied.
On appeal, the Court of Appeals upheld, while the Mississippi Supreme Court granted certiorari to address sufficiency of evidence for constructive possession and potential Fourth Amendment issues.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Constructive possession sufficiency	Johnson	Johnson	Constructive possession not proven; acquittal
Search and seizure of the cocaine	State	Johnson	Not reached / not decided

Berry v. State, 652 So. 2d 745 (Miss. 1995) (mere presence not enough for dominion and control)
Curry v. State, 249 So. 2d 414 (Miss. 1971) (constructive possession requires awareness and conscious possession)
Fultz v. State, 573 So. 2d 689 (Miss. 1990) (insufficient evidence where contraband not reasonably apparent and police work lacking)
Ferrell v. State, 649 So. 2d 831 (Miss. 1995) (no incriminating circumstances; contraband not reasonably apparent)
Hudson v. State, 30 So. 3d 1199 (Miss. 2010) (requires incriminating circumstances beyond proximity)
Sisk v. State, 290 So. 2d 608 (Miss. 1974) (State bears burden to connect defendant to contraband)