Man's Constructive Possession of the Contents of a Woman's Purse

May a man be held criminally responsible for the contents of his girlfriend’s purse? Yes, on the facts of State v. Mitchell, the court of appeals ruled yesterday. In Mitchell, an officer stopped the defendant for speeding. The officer ordered the defendant and his girlfriend out of the car. Subsequent events, not highly relevant here, gave the officer probable cause to search the vehicle for drugs. The defendant then stated that there was a gun in the glove compartment. Indeed, the officer found a handgun in a purse in the glove compartment, and also found marijuana in the trunk. Another officer obtained consent to search the defendant’s person and found a scale and over $2,000 in cash. The defendant was charged with, inter alia, possession of a firearm by a felon, and he was convicted. On appeal, he contended that his trial lawyer should have moved to dismiss the felon in possession charge. The court of appeals ruled that such a motion would have been fruitless because there was sufficient evidence that the defendant constructively possessed the gun. The court based its ruling on the premise that the driver of a vehicle “has the power to control the contents of the car.” State v. Best, __ N.C. App. __, 713 S.E.2d 556 (2011). The court noted that the defendant was aware of the gun’s presence, given that he advised the officer about it. And the court observed that there was no evidence that the gun was registered to the girlfriend, notwithstanding [...]