Smith's Criminal Case Compendium
Table of Contents
Criminal Procedure
Indictment & Pleading Issues
Evidence
Arrest, Search, and Investigation
State v. Mitchell, 224 N.C. App. 171 (Dec. 4, 2012)
In a felon in possession case, there was sufficient evidence that the defendant had constructive possession of the firearm. The defendant was driving a rental vehicle and had a female passenger. The gun was in a purse in the car’s glove container. The defendant was driving the car and his interactions with the police showed that he was aware of the vehicle’s contents. Specifically, he told the officer that the passenger had a marijuana cigarette and that there was a gun in the glove container.