Kevin Thien v. State of Indiana (mem. dec.), 27A02-1705-CR-1088

In June 2015 police stopped Kevin Thien for driving with a suspended license; Thien was the driver and Brittnie McDaniel a passenger.
A police canine alerted to drugs; officers recovered a blue box from McDaniel’s pants containing a hypodermic needle, two hollow glass tubes with blackened residue and a hydrocodone pill.
McDaniel testified Thien removed the box from a hidden dash compartment and handed it to her to hide; another passenger testified McDaniel already had the box.
Thien was charged with possession of a narcotic drug (enhanced to a Level 5 felony) and possession of paraphernalia; the State also alleged he was an habitual offender.
A jury convicted Thien of both counts and a bench found he was an habitual offender; Thien received concurrent sentences totaling eight years.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether evidence was sufficient to show Thien had constructive possession of the contraband	State: testimony and officer observations show Thien controlled and hid the box, evidencing dominion and knowledge	Thien: he never physically possessed the box; passenger testimony suggested McDaniel already had it so no proof he knew or controlled it	Affirmed: jury reasonably credited McDaniel and officer testimony; constructive possession established

Love v. State, 73 N.E.3d 693 (Ind. 2017) (standard for reviewing sufficiency of evidence)
White v. State, 772 N.E.2d 408 (Ind. 2002) (constructive possession requires capability and intent to control)
Gray v. State, 957 N.E.2d 171 (Ind. 2011) (nonexclusive possessory interest requires additional circumstances showing knowledge)
McClendon v. State, 671 N.E.2d 486 (Ind. Ct. App. 1996) (factfinder may credit or discredit witness testimony)
Crowder v. State, 398 N.E.2d 1352 (Ind. Ct. App. 1980) (insufficient evidence where no showing driver ever had or knew of contraband)