State v. Fox
Supreme Court of Utah
709 P.2d 316 (1985)
Police found 2,850 marijuana plants in greenhouses on a property that neighbors had seen Gary Fox and Clive Fox (defendants) frequent over three years, though neither was present at the search and it was unclear who actually lived there. Gary owned the property; Clive received mail there and had the phone service in his name. One greenhouse was accessible only through the kitchen, where police found food, dishes, and harvested marijuana; a bedroom held Gary's personal effects and a grower's manual, while another held Clive's effects. Both men were convicted of possession with intent to distribute and appealed, claiming insufficient evidence.
Whether a conviction for constructive possession of contraband requires proof that the contraband was subject to the defendant's dominion and control.