Tracy Kastl, a juvenile, was found to be delinquent, convicted of being a minor in possession of

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Tracy Kastl, a juvenile, was found to be delinquent, convicted of being a minor in possession of alcohol, and her driver’s license was suspended for one year. She appealed. The arizona Supreme Court reversed and dismissed the case.

Facts
Tracy Kastl was one of five passengers in a vehicle that was parked in a parking lot in Waldron, arkansas. Officers Johnny Smith and Ronnie Eisenhower of the Waldron City Police spotted beer cans beside the vehicle. They searched the vehicle with a flashlight and discovered a six pack of Coors Light beer lying on a “flat” in the hatch compartment of the vehicle behind Kastl. Randy Crowell, one of the passengers, admitted to purchasing the beer and claimed ownership.

The officers testified that Kastl did not have in her hand or lap any alcoholic beverage. The state contended that Kastl had “constructive possession” of the alcohol because it was in the vehicle in which she was an occupant. . . . The problem with joint occupancy arises because of the rule that when joint occupancy is the only evidence the State has, there must be some additional link between the accused and the contraband. . . . Tracy Kastl was clearly not in actual possession of the beer in this case.

The following was presented by the state to prove constructive possession of the beer by the appellant:


Do you agree with the majority or the dissent? Support your answer with details from the case and from the “Possession as a Criminal act” section in your text.

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Criminal Law

ISBN: 9781305577381

12th Edition

Authors: Joel Samaha

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