United States v. Heredia
United States Court of Appeals for the Ninth Circuit
483 F.3d 913 (2007)
Heredia (defendant) was stopped at a U.S.-Mexico border checkpoint, and officers found 349 pounds of marijuana in the trunk of her aunt's borrowed car. At trial, Heredia testified her aunt had explained away a strange smell as spilled detergent, that her mother, who rode with her, seemed unusually nervous, and that her mother carried a surprisingly large amount of cash despite being unemployed -- yet Heredia never checked the trunk before reaching the checkpoint. The jury was instructed it could convict her if it found she was deliberately ignorant of a high probability that drugs were in the car, and it convicted her; she appealed, challenging that instruction.
Whether a defendant may be convicted of possessing a controlled substance without proof of actual knowledge, where the evidence shows she had a high suspicion of the substance's presence but deliberately avoided confirming it.