Legal Opinion
State v. Lewis
Court of Appeals of Minnesota
Decided October 7, 1986No. C1-86-280PublishedCited by 32 opinions
1Opinion of the Court
OPINION
NIERENGARTEN, Judge.
Appellant Roger Riedel Lewis was convicted for unlawful possession of a Schedule II controlled substance. On appeal, he contends that mere presence of morphine within a person's body does not constitute “possession” within the meaning of Minn. Stat. § 152.09, subd. 1(2). We reverse.
FACTS
On January 23, 1984, Lewis sustained injuries in an automobile accident and was taken to the hospital. At the hospital the investigating police officer invoked the implied consent law and Lewis consented to give a urine specimen, which, upon analysis, revealed traces of morphine.
On…
2Cases cited19 opinions
- United States v. Montoya De HernandezSupreme Court of the United States · 1985
- Pacific Indemnity Co. v. Thompson-Yaeger, Inc.Supreme Court of Minnesota · 1977
- State v. HornadayWashington Supreme Court · 1986
- State v. ReedSupreme Court of New Jersey · 1961
- State v. FlorineSupreme Court of Minnesota · 1975
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3Cited by32 opinions
- United States v. Theophilus BlackstonCourt of Appeals for the Third Circuit · 1991
- United States v. FordUnited States Court of Military Appeals · 1987
- State v. HansonSouth Dakota Supreme Court · 1999
- United States v. ReichenbachUnited States Court of Military Appeals · 1989
- Commonwealth v. PellegriniMassachusetts Supreme Judicial Court · 1993
27 more not listed; retrieve them via the Exa API.