State v. Miramon
In State v. Miramon, 27 Ariz. App. 451, 452, 555 P.2d 1139, 1140 (1976), the defendant was charged with possession of marijuana for sale after police officers found a large bag of marijuana under the seat that defendant occupied as a passenger. 27 Ariz. App. at 452, 555 P.2d at 1140.
The court held that insufficient evidence existed to convict the defendant of possession of marijuana for sale because, even though the jury could infer that defendant knew the drugs were under his seat--the bag protruded several inches out from under the seat--"the state did not prove that he had the right to control its disposition or use." Id. at 452-53, 555 P.2d at 1140-41.
Notably, however, Miramon neither owned the car in question nor had been driving it at the time of the stop. Id. at 452, 555 P.2d at 1140.