Smith v. United States
2012 D.C. App. LEXIS 521
| D.C. | 2012Background
- Police executed a search warrant at 3908 Stanton Road, SE, Washington, D.C., and found a purple backpack containing a .45 Uzi-style firearm and ammunition next to Smith’s bed in the master bedroom.
- Other items associated with the contraband were found in the loft area in a closed black duffle bag, but those counts were acquitted by the jury; Smith was convicted on the backpack contents.
- Smith lived in the apartment and was the sole occupant of the master bedroom for the week prior to the search; Evans, her boyfriend, was away during that period.
- A photograph of Smith was found near the backpack, and Smith’s identification card was located among her personal items near the backpack.
- The government argued constructive possession; the defense argued Smith lacked the requisite intent to exercise dominion and control over the items in question.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was there sufficient evidence of constructive possession? | Smith lacked proof of her intent to control the contraband. | The State showed proximity, occupancy, knowledge, and control enough for constructive possession. | Yes; sufficient evidence supports constructive possession. |
Key Cases Cited
- Moore v. United States, 927 A.2d 1040 (D.C. 2007) (constructive possession requires knowledge and ability to exercise dominion)
- Rivas v. United States, 783 A.2d 125 (D.C. 2001) (intent required; mere proximity or knowledge may be insufficient)
- In re R.G., 917 A.2d 643 (D.C. 2007) (distinguishes cases with minors and short-lived possession; emphasizes intent)
- James v. United States, 39 A.3d 1262 (D.C. 2012) (jury may infer intent from totality of evidence; not mere speculation)