Francis v. State

In Francis v. State, 231 Ga. App. 112 (497 S.E.2d 827) (1998), police officers conducted a controlled delivery of cocaine to Francis's father. As they attempted to arrest the father, they found Francis standing in the living room. Marijuana seeds were found in an upstairs bedroom, but no evidence connected Francis with that bedroom. Marijuana cigarette butts were found in an ashtray in the living room, and loose marijuana was found inside a box under the coffee table, but Francis was not connected to the marijuana. Conflicting testimony was presented regarding the smell of marijuana in the apartment, and "an agent who recalled it conceded that the smell could linger for days." Id. at 113. The Court concluded that mere spatial proximity to contraband, without more, was insufficient to establish constructive possession. Id.