Colorado Court of Appeals People v. Poe 10CA2541

Decision here.

   Poe's parole officer searched his apartment while he away.  The PO found meth, weed, and some paraphernalia.  Poe returned during the search, and was arrested.  He was eventually convicted of possession of a controlled substance.  He appealed his conviction, arguing that the evidence was insufficient to support his conviction.

   At the trial, Poe had argued that the drugs belonged to a friend who had brought them over without his knowledge.  He even had a letter that his mysterious friend wrote to the court, claiming ownership of the drugs.  In order to support a conviction for possession, the prosecution has to show that the defendant knew he was in possession of the controlled substance and intended to possess it.  These things can be proven by circumstantial evidence (such as the defendant's dominion and control of the premises), but there has to be more than just the simple presence of the contraband.

   In this case, the meth was found in a laptop in the bedroom, the weed was found under the mattress, and there was a scale hanging on the wall and a pipe sitting on top of the toilet tank.  There was no evidence of a houseguest (particularly no evidence of a female houseguest, and Poe's mysterious friend was a woman).  The location of the items in Poe's one bedroom apartment, the fact that some of the items were in plain sight, and the lack of evidence of a female houseguest were held by the court to be sufficient to establish that Poe knowingly possessed them.  His conviction was affirmed.