Rivas v. United States

This appeal raises the question of what evidence will suffice to prove the necessary element of intent under the doctrine of constructive possession. Specifically, we are concerned with whether proximity to contraband in plain view in an automobile is sufficient to sustain an inference of intent beyond a reasonable doubt, and, if not, what other facts are required to sustain such an inference. I join the majority’s holding that knowing proximity to contraband, without more, is insufficient, whether in a car or elsewhere, to prove intent beyond a reasonable doubt. There must be additional…