United States v. Jewell
United States Court of Appeals for the Ninth Circuit
532 F.2d 697 (1976)
Jewell (defendant) was convicted of knowingly transporting 110 pounds of marijuana hidden in a secret compartment of his car from Mexico into the United States. He testified he didn't know the drugs were there. Circumstantial evidence suggested he was lying about not knowing, and other evidence suggested that even if he didn't have positive knowledge, he knew about the secret compartment and deliberately avoided learning what was inside to protect himself if caught. The trial judge refused to instruct the jury that Jewell had to "absolutely, positively" know the drugs were present, and Jewell appealed.
Whether "knowingly" includes both positive knowledge of an illegal act and a defendant's awareness of a high probability of that act combined with a deliberate choice not to investigate further.