United States v. Jameson
United States Court of Appeals for the Tenth Circuit
478 F.3d 1204 (2007)
Christopher Jameson (defendant), a convicted felon, was riding in the back seat of a car stopped for broken taillights. Sergeant Allen saw four occupants, including Jameson, and observed the front passenger rummaging through the glove box while Jameson leaned forward as if reaching for or hiding something on the floor. A search initially found nothing, but an inventory later turned up a pistol in plain view on the floor where Jameson's foot could have covered it. Jameson claimed poor lighting and floor clutter meant he never saw the gun. The jury convicted him of being a felon in possession of a firearm, and he appealed.
Whether, when a defendant shares proximity to an object with others, the jury may infer the defendant's constructive possession of that object from proximity alone, without additional evidence connecting the defendant to it.