In what circumstances will a passenger not be convicted of possession of a prohibited substance?

MultiRegion, United States of America

The following excerpt is from United States v. Zamora-Corona, 465 F.2d 427 (9th Cir. 1972):

It is equally well established that a passenger may not be convicted unless there is evidence connecting him with the contraband, other than his presence in the vehicle. United States v. Thomas, 453 F.2d 141, 143 (9th Cir. 1971), cert. denied, Lucas v. United States, 405 U.S. 1069, 31 L.Ed.2d 801 (1972); Bettis v. United States, 408 F.2d 563, 567 (9th Cir. 1969). In this case, appellant had complete control over the car with little evidence of the passenger's participation in its management and direction. The court apparently did not believe this was sufficient to convict the passenger. There was no necessary inconsistency between the verdicts.

Judgment affirmed.

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