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Mitchell v. State

Citations

  • 492 S.E.2d 204
  • 268 Ga. 592
  • 97 Fulton County D. Rep. 4017
  • 1997 Ga. LEXIS 715

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • noting there is no presumption of possession by a mere passenger in an automobile, even where the drugs are found near that passenger
  • evidence of cocaine under floor mat at passenger’s feet insufficient to show constructive possession even though passenger was “extremely nervous”
  • “A finding of constructive possession of contraband cannot rest upon mere spatial proximity to the contraband, especially where . . . the contraband is hidden.”
  • evidence insufficient where cocaine was hidden under floor mat in front of defendant passenger’s seat
  • “A finding of constructive possession of contraband cannot rest upon mere spatial proximity to the contraband, especially where the contraband is hidden.”
  • evidence of cocaine under floor mat at passenger’s feet insufficient to show constructive possession even though passenger was “extremely nervous”

Source: CourtListener parenthetical corpus (CC0).

Judges: Thompson, Carley

Read full opinion on CourtListener

Cited by

48 cases in this archive cite this case; the 20 most cited are listed.

Cites

9 cases in this archive are cited by this case.

Other cases with this name

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.