State v. Marquez
1 CA-CR 16-0622
| Ariz. Ct. App. | Aug 22, 2017Background
- Marquez was on probation for a prior possession-of-drug-paraphernalia conviction.
- Police stopped a car in which Marquez was a back-seat passenger; all occupants lit cigarettes with a single torch lighter.
- A police dog alerted; a search of the car’s center-console purse revealed drug paraphernalia (meth pipe, tinfoil with burn residue, straws, pocket scale).
- A torch lighter was found in the back seat (near where Marquez sat).
- Probation officer filed a petition to revoke Marquez’s probation alleging possession of drug paraphernalia; the superior court found Marquez constructively possessed the lighter and that it was drug paraphernalia.
- On appeal, the court reversed, concluding the State failed to prove Marquez’s intent to use the lighter with drugs or that he possessed the other contraband.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the torch lighter constituted drug paraphernalia as to Marquez | Lighter used by occupants to ignite cigarettes and found in back seat; court below found it was paraphernalia | Lighter is not paraphernalia absent evidence it was used or intended for drug consumption | Reversed: lighter not shown to be paraphernalia as to Marquez without evidence of his intent to use it with drugs |
| Whether Marquez possessed the lighter | Constructive possession based on proximity and his lighting of a cigarette with it | No evidence linking Marquez to the lighter or to the other contraband inside the purse | Court found insufficient evidence Marquez possessed contraband in the purse; constructive possession of lighter alone insufficient to prove paraphernalia possession without intent |
| Whether knowledge of others’ illegal activity imputes intent to Marquez | State argued Marquez’s knowledge of illegal activity in car supported finding | Marquez argued others’ conduct/contraband cannot establish his own intent to use the lighter with drugs | Held that knowledge of others’ activity does not establish Marquez’s intent; intent must be shown independently |
Key Cases Cited
- State v. Thomas, 196 Ariz. 312, 996 P.2d 113 (App. 1999) (standard for upholding probation-violation findings)
- State v. Tatlow, 231 Ariz. 34, 290 P.3d 228 (App. 2012) (view evidence in light most favorable to sustaining court’s finding on review)
- State v. Estrada, 197 Ariz. 383, 4 P.3d 438 (App. 2000) (items are paraphernalia only if used or intended for use with a controlled substance)