Gizaw v. State

SILBERMAN, Chief Judge.

Following a traffic stop, Lidia M. Gizaw was arrested after the police discovered a suitcase containing cannabis in the trunk of the car she was driving. A jury found her guilty of trafficking in cannabis; possession of a conveyance used for trafficking, sale, or manufacturing of controlled substances; and possession of drug paraphernalia. We reverse because, in this constructive possession case, the State failed to establish Gizaw’s knowledge of the presence of the cannabis or her dominion and control over the suitcase containing the cannabis.

The evidence presented…