457 P.3d 1121
Utah Ct. App.2019Background:
- State trooper stopped a car for expired registration; driver was Tyler A. Nihells, passenger/owner was Thomas Burzak Jr.
- Trooper smelled a strong odor of marijuana on Nihells, observed nervous behavior, and Nihells admitted recent marijuana use; both occupants said the contents of the vehicle belonged to them.
- A canine alerted on both front doors; a subsequent search of the trunk revealed two backpacks containing 11.15 pounds of marijuana, scattered marijuana fragments, and rolling papers.
- Trooper arrested both occupants and charged them with possession of a controlled substance with intent to distribute and possession of drug paraphernalia.
- At the joint preliminary hearing the magistrate declined to bind either defendant over, finding no probable cause tying either to the trunk contraband and discounting odor and nervousness.
- The State appealed as to Nihells; the Court of Appeals reversed, holding the totality of circumstances supported probable cause and directing bindover on both charges.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether probable cause supported bindover for possession with intent to distribute | Totality (odor, admission of recent use, canine alerts, fragments, rolling papers, 11.15 lbs in trunk, both said vehicle contents were theirs) supports constructive possession | No evidence tied Nihells to the trunk contents; trunk inaccessible without owner/keys; joint ownership statement insufficient; nervousness/odor insufficient | Reversed magistrate: probable cause exists to bind Nihells over for possession with intent to distribute |
| Whether probable cause supported bindover for possession of drug paraphernalia | Same totality supports constructive possession of rolling papers as paraphernalia | Possession element not established separately; State lumped analyses | Reversed magistrate: probable cause exists to bind Nihells over for possession of drug paraphernalia |
Key Cases Cited
- Maryland v. Pringle, 540 U.S. 366 (2003) (occupants of vehicle may be jointly inferred to have constructive possession based on totality of circumstances)
- State v. Hansen, 732 P.2d 127 (Utah 1987) (possession established where contraband is found in place or under circumstances indicating ability and intent to exercise dominion and control)
- State v. Ramirez, 289 P.3d 444 (Utah 2012) (probable cause at preliminary hearing requires evidence supporting reasonable inferences for each element)
- State v. Maughan, 305 P.3d 1058 (Utah 2013) (preliminary-hearing probable cause is a lenient standard; draw reasonable inferences for prosecution)
- State v. Schmidt, 356 P.3d 1204 (Utah 2015) (bindover determinations are mixed law and fact; magistrate must apply correct legal standard)
- State v. Jones, 365 P.3d 1212 (Utah 2016) (denial of bindover appropriate only where facts provide no more than speculation)