Rhodes v. Sheriff

OPINION

After being ordered to stand trial for the possession of a controlled substance (marijuana), in violation of NRS 453.336 and NRS 453.161, Daniel Lee Rhodes petitioned for habeas corpus. His petition was denied and this appeal has been perfected.

The contraband which appellant is accused of “constructively” possessing was found in a suitcase which police officers, without a warrant, had removed from a closet of a residence appellant was visiting.

In a recent case, involving similar facts, where the officer had a warrant, we wrote that to support a charge of possession that it was…