Smallwood v. Com.

How courts have described this case

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

• holding that driver of vehicle constructively possessed handgun that was in “plain view” on “open console” between him and front-seat passenger
• holding that constructive possession may be established by a defendant’s “statements . . . proving that [he] was aware of the presence and character of the [contraband] and that [it] was subject to his dominion and control”
• finding that a defendant who was aware of the character and presence of a firearm constructively possessed it
• observing that the possession of contraband need not be exclusive to support a conviction
• finding firearm within defendant’s dominion and control when located on an open console beside defendant’s leg
• affirming conviction where appellant occupied a vehicle in which the firearm was found “in plain view,” even though the firearm was owned by another passenger in the vehicle

Source: CourtListener parenthetical corpus (CC0).