State v. Miller

In State v. Miller (2008) 2008 UT 61 193 P.3d 92, the Utah Supreme Court reversed a conviction for failure to instruct on an "innocent possession" defense where a homeowner cleaning up after a party possessed a pill bottle left behind by a guest, intending to return it to the guest. (Miller, supra, at pp. 93-94, 95.) The court held that the innocent possession defense allows for the temporary possession of a controlled substance for the purpose of returning it to its lawful owner. (Miller, supra, 193 P.3d at p. 97.)