Drew v. Commonwealth, 338 S.E.2d 844 (Va. 1986). · Go Syfert
Drew v. Commonwealth, 338 S.E.2d 844 (Va. 1986). Cases Citing This Book View Copy Cite
Quick Summary

A conviction for constructive possession requires evidence of acts, statements, or conduct showing the defendant was aware of the substance's presence and character and exercised dominion and control over it.

After police discovered cocaine and drug paraphernalia inside a residence, the defendant was convicted of possession with intent to distribute. The defendant appealed, arguing the evidence was insufficient to establish actual or constructive possession. The court considers whether the evidence proves the defendant possessed the controlled substance. To support a conviction based on constructive possession, the Commonwealth must provide evidence of acts, statements, or conduct showing the defendant was aware of both the presence and character of the substance and that it was subject to his dominion and control. Because the evidence only showed the defendant resided at the address and was near the house, the court holds the evidence is insufficient to prove constructive possession.

621 citation events (387 in the last 25 years) across 7 distinct courts.
Strongest positive: David Louis Volpe v. Commonwealth of Virginia (vactapp, 2016-12-13)
Treatment trajectory · 1986 → 2026 · click a year to view as-of
1986 2006 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (quoted) David Louis Volpe v. Commonwealth of Virginia (2×) also: Cited as authority (rule)
Va. Ct. App. · 2016 · signal: see · quote attribution · 1 verbatim quote · confidence high
ownership or occupancy of the premises on which the contraband was found is a circumstance probative of possession.
discussed Cited as authority (rule) Contessa Evon Arianna Holloman, s/k/a Contessa Evonarianna Holloman v. Commonwealth of Virginia
Va. Ct. App. · 2026 · confidence medium
“Constructive possession may be established when there are ‘acts, statements, or conduct of the accused or other facts or circumstances which tend to show that the [accused] was aware of both the presence and character of the substance and that it was subject to his dominion and control.’” Yerling, 71 Va. App. at 532 (alteration in original) (quoting Drew v. Commonwealth, 230 Va. 471, 473 (1986)).
discussed Cited as authority (rule) Calvin Antonio Woodson, a/k/a Tony Woodson v. Commonwealth of Virginia
Va. Ct. App. · 2026 · confidence medium
Constructive -5- possession is shown by “acts, statements, or conduct of the accused or other facts or circumstances which tend to show that [he] was aware of both the presence and character of the substance and that it was subject to his dominion and control.” Yerling, 71 Va. App. at 532 (quoting Drew v. Commonwealth, 230 Va. 471, 473 (1986)).
discussed Cited as authority (rule) Maleik Jaquan Jackson v. Commonwealth of Virginia
Va. Ct. App. · 2025 · confidence medium
To establish constructive possession, “the Commonwealth must point to evidence of acts, statements, or conduct of the accused or other facts or circumstances [that] tend to show that the defendant was aware of both the presence and character of the [firearm] and that it was subject to his dominion and control.” Terlecki v. Commonwealth, 65 Va. App. 13, 24 (2015) (quoting Drew v. Commonwealth, 230 Va. 471, 473 (1986)).
cited Cited as authority (rule) Verrell McDonald, s/k/a Verrell R. McDonald v. Commonwealth of Virginia
Va. Ct. App. · 2025 · confidence medium
“Mere proximity to a controlled drug is not sufficient to establish dominion and control.” Yerling, 71 Va. App. at 532 (quoting Drew v. Commonwealth, 230 Va. 471, 473 (1986)).
discussed Cited as authority (rule) Shawn Matthew Kearns v. Commonwealth of Virginia
Va. Ct. App. · 2025 · confidence medium
To support a conviction based upon constructive possession, “the Commonwealth must point to evidence of acts, statements, or conduct of the accused or other facts or circumstances which tend -7- to show that the defendant was aware of both the presence and character of the [contraband] and that it was subject to his dominion and control.” Id. (alteration in original) (quoting Drew v. Commonwealth, 230 Va. 471, 473 (1986)).
discussed Cited as authority (rule) Kevin Patrick McLeer v. Commonwealth of Virginia
Va. Ct. App. · 2025 · confidence medium
“A suspect’s actual, physical possession of [a firearm] permits the inference that he or she knowingly possessed [it] aware of [its] illegal nature and character.” Morris, 51 Va. App. at 466 . “[P]roof of ‘actual’ possession of a firearm . . . may be established by circumstantial evidence, direct evidence, or both.” Byers v. Commonwealth, 23 Va. App. 146, 150 (1996) (citing Yarborough v. Commonwealth, 247 Va. 215, 216-19 (1994)). - 12 - To establish constructive possession, “the Commonwealth must point to evidence of acts, statements, or conduct of the accused or other facts or…
discussed Cited as authority (rule) Almon Richardson v. Commonwealth of Virginia
Va. Ct. App. · 2025 · confidence medium
To establish constructive possession, “the Commonwealth must point to evidence of acts, statements, or conduct . . . tend[ing] to show that the defendant was aware of both the presence and character of the [contraband] and that it was subject to his dominion and control.” Terlecki v. Commonwealth, 65 Va. App. 13, 24 (2015) (third alteration in original) (quoting Drew v. Commonwealth, 230 Va. 471, 473 (1986)). “[T]he issue of constructive possession ‘is largely a factual one and must be established by evidence of the acts, declarations and conduct of the accused.’” Smallwood, 278 Va…
cited Cited as authority (rule) Commonwealth v. Wilkerson
Va. · 2025 · confidence medium
Further, “[m]ere proximity to a controlled drug is not sufficient to establish dominion and control.” Drew v. Commonwealth, 230 Va. 471, 473 (1986).
discussed Cited as authority (rule) Eric Tyler Woodridge v. Commonwealth of Virginia
Va. Ct. App. · 2025 · confidence medium
To establish constructive possession of contraband, “the Commonwealth must point to evidence of acts, statements, or conduct of the accused or other facts or circumstances which tend to show that the defendant was aware of both the presence and character of the [contraband] and that it was subject to his dominion and control.” Terlecki v. Commonwealth, 65 Va. App. 13, 24 (2015) (alteration in original) (quoting Drew v. Commonwealth, 230 Va. 471, 473 (1986)). “[T]he issue of constructive possession ‘is largely a factual one.’” Smallwood v. Commonwealth, 278 Va. 625, 631 (2009) (quot…
discussed Cited as authority (rule) Alvin Antoinne Johnson v. Commonwealth of Virginia
Va. Ct. App. · 2025 · confidence medium
The Commonwealth may prove constructive possession through evidence that the accused “was aware of both the presence and character of -3- the substance and that it was subject to his dominion and control.” Yerling, 71 Va. App. at 532 (quoting Drew v. Commonwealth, 230 Va. 471, 473 (1986)). “[O]wnership or occupancy of the premises where the drug is found does not create a presumption of possession” but “may be considered in deciding whether an accused possessed the drug.” Id.
discussed Cited as authority (rule) Anthony Wayne Jones v. Commonwealth of Virginia
Va. Ct. App. · 2024 · confidence medium
“Constructive possession may be established when there are ‘acts, statements, or conduct of the accused or other facts or circumstances which tend to show that the [accused] was aware of both the presence and character of the substance and that it was subject to his dominion and control.’” Yerling v. Commonwealth, 71 Va. App. 527 , 532 (2020) (alteration in original) (quoting Drew v. Commonwealth, 230 Va. 471, 473 (1986)).
discussed Cited as authority (rule) Earl Sylvester Turner v. Commonwealth of Virginia
Va. Ct. App. · 2024 · confidence medium
The Commonwealth may prove constructive possession by establishing “acts, statements, or conduct of the accused or other facts or circumstances which tend to show that the [accused] was aware of both the presence and character of the [contraband] and that it was subject to his dominion and control.” Id. (first alteration in original) (quoting Drew v. Commonwealth, 230 Va. 471, 473 (1986)).
discussed Cited as authority (rule) Patrick James Lewis v. Commonwealth of Virginia
Va. Ct. App. · 2024 · confidence medium
The Commonwealth may prove constructive possession through evidence that the accused “was aware of both the presence and character of the substance and that it was subject to his dominion and control.” Yerling, 71 Va. App. at 532 (quoting Drew v. Commonwealth, 230 Va. 471, 473 (1986)). “[O]wnership or occupancy of the [location] where the drug is found does not create a presumption of possession” but “may be considered in deciding whether an accused possessed the drug.” Id.
discussed Cited as authority (rule) Michaud Arour Yancey v. Commonwealth of Virginia
Va. Ct. App. · 2024 · confidence medium
To establish knowing possession, “the Commonwealth must point to evidence of acts, statements, or conduct of the accused or other facts or circumstances which tend to show that the defendant was aware of both the presence and character of the [contraband] and that it was subject to his dominion and control.” Terlecki v. Commonwealth, 65 Va. App. 13, 24 (2015) (alteration in original) (quoting Drew v. Commonwealth, 230 Va. 471, 473 (1986)).
cited Cited as authority (rule) Cristian Alejandro Perez v. Commonwealth of Virginia
Va. Ct. App. · 2024 · confidence medium
Id. (quoting Drew v. Commonwealth, 230 Va. 471, 473 (1986)).
discussed Cited as authority (rule) Commonwealth v. Garrick
Va. · 2024 · confidence medium
To support a conviction based upon constructive possession, the Commonwealth must point to evidence of 4 acts, statements, or conduct of the accused or other facts or circumstances which tend to show that the defendant was aware of both the presence and character of the contraband and that the contraband was subject to his dominion and control. 2 Bolden, 275 Va. at 148 ; Drew v. Commonwealth, 230 Va. 471, 473 (1986).
discussed Cited as authority (rule) Terrell Malik Upson v. Commonwealth of Virginia
Va. Ct. App. · 2024 · confidence medium
To establish knowing possession, “the Commonwealth must point to evidence of acts, statements, or conduct of the accused or other facts or circumstances which tend to show that the defendant was aware of both the presence and character of the [contraband] and that it was subject to his dominion and control.” Terlecki v. Commonwealth, 65 Va. App. 13, 24 (2015) (alteration in original) (quoting Drew v. Commonwealth, 230 Va. 471, 473 (1986)).
discussed Cited as authority (rule) Shakeem Laquan Bryant v. Commonwealth of Virginia
Va. Ct. App. · 2024 · confidence medium
To establish constructive possession, “the Commonwealth must point to evidence of acts, statements, or conduct of the accused or other facts or circumstances which tend to show that the defendant was aware of both the presence and character of the [firearm] and that it was subject to his dominion and control.” Terlicki v. Commonwealth, 65 Va. App. 13, 24 (2015) (quoting Drew v. Commonwealth, 230 Va. 471, 473 (1986)).
discussed Cited as authority (rule) Michael Terry Duncan v. Commonwealth of Virginia
Va. Ct. App. · 2024 · confidence medium
To establish constructive possession, “the Commonwealth must point to evidence of acts, statements, or conduct of the accused or other facts or circumstances which tend to show that the defendant was aware of both the presence and character of the [firearm] and that it was subject to his dominion and control.” Terlecki v. Commonwealth, 65 Va. App. 13, 24 (2015) (quoting Drew v. Commonwealth, 230 Va. 471, 473 (1986)). “[P]roof that a person is in close proximity to contraband is a relevant fact that, depending on the circumstances, may tend to show that, as an . . . occupant of property .…
discussed Cited as authority (rule) Shawn Maurice James v. Commonwealth of Virginia
Va. Ct. App. · 2024 · confidence medium
To establish constructive possession, “the Commonwealth must point to evidence of acts, statements, or conduct of the accused or other facts or circumstances which tend to show that the defendant was aware of both the presence and character of the [firearm] and that it was subject to his dominion and control.” Terlecki v. Commonwealth, 65 Va. App. 13, 24 (2015) (quoting Drew v. Commonwealth, 230 Va. 471, 473 (1986)).
discussed Cited as authority (rule) Dequan O'Neal Beamon v. Commonwealth of Virginia
Va. Ct. App. · 2024 · confidence medium
To support a conviction based upon constructive possession, the Commonwealth “must point to evidence of acts, statements, or conduct of the accused or other facts or circumstances which tend to show that the defendant was aware of both the presence and character of the substance and that it was subject to his dominion and control.” Coward v. Commonwealth, 48 Va. App. 653, 657 (2006) (quoting Drew v. Commonwealth, 230 Va. 471, 473 (1986)).
discussed Cited as authority (rule) Jesus Manuel Lopez-Ramirez v. Commonwealth of Virginia
Va. Ct. App. · 2023 · confidence medium
“Constructive possession may be established when there are ‘acts, statements, or conduct of the accused or other facts or circumstances which tend to show that the [accused] was aware of both the presence and character of the substance and that it was subject to his dominion and control.’” Id. (quoting Drew v. Commonwealth, 230 Va. 471, 473 (1986)).
discussed Cited as authority (rule) Sheldon Maurice Adams v. Commonwealth of Virginia
Va. Ct. App. · 2023 · confidence medium
The Commonwealth may prove constructive possession by establishing “acts, statements, or conduct of the accused or other facts or circumstances which tend to show that the [accused] was aware of both the presence and character of the [contraband] and that it was subject to his dominion and control.” Id. (first alteration in original) (quoting Drew v. Commonwealth, 230 Va. 471, 473 (1986)).
discussed Cited as authority (rule) Raymond Travis Swinson, Sr. v. Commonwealth of Virginia
Va. Ct. App. · 2023 · confidence medium
Knowledge Swinson argues that the evidence is insufficient to prove that he had knowledge of the nature and character of the substance on his person. “[T]he Commonwealth must point to evidence of acts, statements, or conduct of the accused or other facts or circumstances which tend to show that the defendant was aware of both the presence and character of the substance and that it was subject to his dominion and control.” Maxwell v. Commonwealth, 275 Va. 437, 442 (2008) (quoting Drew v. Commonwealth, 230 Va. 471, 473 (1986)).
discussed Cited as authority (rule) Derik William Pruett v. Commonwealth of Virginia
Va. Ct. App. · 2022 · confidence medium
The Commonwealth proves constructive possession by showing that there are “acts, statements, or conduct of the accused or other facts or circumstances which tend to show that the [accused] was aware of both the presence and character of the substance and that it was subject to his dominion and control.” Id. (quoting Drew v. Commonwealth, 230 Va. 471, 473 (1986)).
discussed Cited as authority (rule) Jermaine Darell Cabell, a/k/a, etc. v. Commonwealth of Virginia
Va. Ct. App. · 2022 · confidence medium
The Commonwealth can prove constructive possession by showing that there are “acts, statements, or conduct of the accused or other facts or circumstances which tend to show that the [accused] was aware of both the presence and character of the substance and that it was subject to his dominion and control.” Id. (alteration in original) (quoting Drew v. Commonwealth, 230 Va. 471, 473 (1986)).
discussed Cited as authority (rule) Van Shawn Rodgers v. Commonwealth of Virginia (2×)
Va. Ct. App. · 2022 · confidence medium
The Commonwealth proves that a defendant constructively possessed contraband by establishing “acts, statements, or conduct of the accused or other facts or circumstances which tend to show that the [accused] was aware of both the presence and character of the [contraband] and that it was subject to his dominion and control.” Yerling, 71 Va. App. at 532 (first alteration in original) (quoting Drew v. Commonwealth, 230 Va. 471, 473 (1986)).
discussed Cited as authority (rule) Michael Jason Hemmis v. Commonwealth of Virginia
Va. Ct. App. · 2022 · confidence medium
“Constructive possession may be established when there are ‘acts, statements, or conduct of the accused or other facts or circumstances which tend to show that the [accused] was aware of both the presence and character of the substance and that it was subject to his dominion and control.’” Walton v. Commonwealth, 255 Va. 422, 426 (1998) (alteration in original) (quoting Drew v. Commonwealth, 230 Va. 471, 473 (1986)).
discussed Cited as authority (rule) Melanie Sue Odell v. Commonwealth of Virginia
Va. Ct. App. · 2022 · confidence medium
“Mere proximity to a controlled drug is not sufficient to establish dominion and control.” Yerling v. Commonwealth, 71 Va. App. 527 , 532 (2020) (quoting Drew v. Commonwealth, 230 Va. 471, 473 (1986)).
discussed Cited as authority (rule) Anthony Wayne Edmonds v. Commonwealth of Virginia
Va. Ct. App. · 2022 · confidence medium
To convict a defendant for constructive possession, “the Commonwealth must point to evidence of acts, statements, or conduct of the accused or other facts or circumstances which tend to show that the defendant was aware of both the presence and character of the [contraband] and that it was subject to his dominion and control.” Terlecki v. Commonwealth, 65 Va. App. 13, 24 (2015) (alteration in original) (quoting Drew v. Commonwealth, 230 Va. 471, 473 (1986)).
cited Cited as authority (rule) Justin Tre Carter v. Commonwealth of Virginia
Va. Ct. App. · 2022 · confidence medium
In Drew v. Commonwealth, 230 Va. 471, 471 (1986), a detective surveilled a house for one hour; in that time, twenty-two people entered the home, remained inside briefly, then left again.
discussed Cited as authority (rule) Matthew Ryan Scott v. Commonwealth of Virginia
Va. Ct. App. · 2022 · confidence medium
“Mere proximity to a controlled drug is not sufficient to establish dominion and control.” Id. (quoting Drew v. Commonwealth, 230 Va. 471, 473 (1986)). “[P]roof of actual possession is not required; proof of constructive possession will suffice.” Id. (quoting Walton v. Commonwealth, 255 Va. 422, 426 (1998)).
discussed Cited as authority (rule) Jaeyoung Lee v. Commonwealth of Virginia
Va. Ct. App. · 2021 · confidence medium
To convict a defendant for constructive possession, “the Commonwealth must point to evidence of acts, statements, or conduct of the accused or other facts or circumstances which tend to show that the defendant was aware of both the presence and character of the [contraband] and that it was subject to his dominion and control.” Terlecki, 65 Va. App. at 24 (quoting Drew v. Commonwealth, 230 Va. 471, 473 (1986)).
cited Cited as authority (rule) Antonio Alexander Jefferson v. Commonwealth of Virginia
Va. Ct. App. · 2020 · confidence medium
Generally, “[m]ere proximity to a controlled drug is not sufficient to establish dominion and control.” Id. (quoting Drew v. Commonwealth, 230 Va. 471, 473 (1986)).
discussed Cited as authority (rule) Michael Anthony Patton, Jr. v. Commonwealth of Virginia
Va. Ct. App. · 2020 · confidence medium
Id. (quoting Drew v. Commonwealth, 230 Va. 471, 473 (1986). “[P]roof of actual possession is not required; proof of constructive possession will suffice.” Id. (quoting Walton v. Commonwealth, 255 Va. 422, 426 (1998)).
discussed Cited as authority (rule) Robert Weldon Dayvon Yerling, s/k/a Robert Weldon Dayvon Yearling v. Commonwealth of Virginia (2×) also: Cited "see, e.g."
Va. Ct. App. · 2020 · confidence medium
“Mere proximity to a controlled drug is not sufficient to establish dominion and control.” Drew v. Commonwealth, 230 Va. 471, 473 (1986).
discussed Cited as authority (rule) Troy James Hypolite v. Commonwealth of Virginia
Va. Ct. App. · 2019 · confidence medium
“Constructive possession may be established when there are ‘acts, statements, or conduct of the accused or other facts or circumstances which tend to show that the [accused] was aware of both the presence and character of the substance and that it was subject to his dominion and control.’” Id. (alteration in original) (quoting Drew v. Commonwealth, 230 Va. 471, 473 (1986)).
discussed Cited as authority (rule) James McKinley Taylor v. Commonwealth of Virginia
Va. Ct. App. · 2018 · confidence medium
“To support a conviction based upon constructive possession [of illegal drugs,] the Commonwealth must point to evidence of acts, statements, or conduct of [appellant] or other facts or circumstances which tend to show that [appellant] was aware of both the presence or the character of the substance and that it was subject to his dominion and control.” McMillan v. Commonwealth, 277 Va. 11, 19 , 671 S.E.2d 396, 399-400 (2009) (quoting Drew v. Commonwealth, 230 Va. 471, 473 , 338 S.E.2d 844, 845 (1986)).
discussed Cited as authority (rule) Albert Henry Christy, Jr. v. Commonwealth of Virginia
Va. Ct. App. · 2018 · confidence medium
To convict a defendant for constructive possession, “the Commonwealth must point to evidence of acts, statements, or conduct of the accused or other facts or circumstances which tend to show that the defendant was aware of both the presence and character of the [contraband] and that it was subject to his dominion and control.” Terlecki v. Commonwealth, 65 Va. App. 13, 24 , 772 S.E.2d 777, 782 (2015) (quoting Drew v. Commonwealth, 230 Va. 471, 473 , 338 S.E.2d 844, 845 (1986)).
cited Cited as authority (rule) Cowarren Nathaniel Wiggins v. Commonwealth of Virginia
Va. Ct. App. · 2016 · confidence medium
Carosi v. Commonwealth, 280 Va. 545, 554 , 701 S.E.2d 441, 446 (2010) (quoting Drew v. Commonwealth, 230 Va. 471, 473 , 338 S.E.2d 844, 845 (1986)).
discussed Cited as authority (rule) Joseph Andre Moore v. Commonwealth of Virginia
Va. Ct. App. · 2015 · confidence medium
To support a conviction based upon constructive possession, the Commonwealth “must point to evidence of acts, statements, or conduct of the accused or other facts or circumstances which tend to show that the [accused] was aware of both the presence and character of the substance and that it was subject to his [or her] dominion and control.” Coward v. Commonwealth, 48 Va. App. 653, 657 , 633 S.E.2d 752, 753 (2006) (quoting Drew v. Commonwealth, 230 Va. 471, 473 , 338 S.E.2d 844, 845 (1986)).
discussed Cited as authority (rule) Clifford Ronald Dugan, Jr. v. Commonwealth of Virginia
Va. Ct. App. · 2015 · confidence medium
When the Commonwealth is required to prove beyond a reasonable doubt that an accused possessed illicit drugs by establishing constructive possession, “the Commonwealth must point to evidence of acts, statements, or conduct of the accused or other facts or circumstances which tend to show that the [accused] was aware of both the presence and character of the substance and that it was subject to his dominion and control.” Burchette v. Commonwealth, 15 Va. App. 432, 434 , 425 S.E.2d 81, 83 (1992) (quoting Drew v. Commonwealth, 230 Va. 471, 473 , 338 S.E.2d 844, 845 (1986)).
discussed Cited as authority (rule) Robert Jeffrey Kobman v. Commonwealth of Virginia
Va. Ct. App. · 2015 · confidence medium
To support a conviction based upon constructive possession, “the Commonwealth must point to evidence of acts, state *308 ments, or conduct of the accused or other facts or circumstances which tend to show that the defendant was aware of both the presence and character of the [contraband] and that it was subject to his dominion and control.” Drew v. Commonwealth, 280 Va. 471 , 473, 338 S.E.2d 844, 845 (1986) (citation omitted).
discussed Cited as authority (rule) Michael Thomas Terlecki v. Commonwealth of Virginia
Va. Ct. App. · 2015 · confidence medium
To support a conviction based upon constructive possession, “the Commonwealth must point to evidence of acts, statements, or conduct of the accused or other facts or circumstances which tend to show that the defendant was aware of both the presence and character of the [contraband] and that it was subject to his dominion and control.” Drew v. Commonwealth, 230 Va. 471, 473 , 338 S.E.2d 844, 845 (1986) (citation omitted).
discussed Cited as authority (rule) Travis Kashawn Brown v. Commonwealth of Virginia
Va. Ct. App. · 2015 · confidence medium
To support a conviction based upon constructive possession, “‘the Commonwealth must point to evidence of acts, statements, or conduct of the accused or other facts or circumstances which tend to show that the defendant was aware of both the presence and character of the substance and that it was subject to his dominion and control.’” Drew v. Commonwealth, 230 Va. 471, 473 , 338 S.E.2d 844, 845 (1986) (quoting Powers v. Commonwealth, 227 Va. 474, 476 , 316 S.E.2d 739, 740 (1984)).
discussed Cited as authority (rule) Marcus M. Cousin, Jr. v. Commonwealth of Virginia
Va. Ct. App. · 2015 · confidence medium
While presence of appellant’s personal documents is not sufficient, in itself, to establish that he possessed the marijuana, see, e.g., Drew v. Commonwealth, 230 Va. 471, 474 , 338 S.E.2d 844, 846 (1986), it is certainly a factor to consider when determining whether appellant constructively possessed the marijuana.
discussed Cited as authority (rule) Michael Edward Wyatt v. Commonwealth of Virginia
Va. Ct. App. · 2015 · confidence medium
To establish constructive possession of the firearm by a defendant, “the Commonwealth must present evidence of acts, statements, or conduct by the defendant or other facts and circumstances proving that the defendant was aware of the presence and character of the firearm and that the firearm was subject to his dominion and control.” Rawls, 272 Va. at 349 , 634 S.E.2d at 705 ; accord Walton, 255 Va. at 426 , 497 S.E.2d at 872 ; Drew v. Commonwealth, 230 Va. 471, 473 , 338 S.E.2d 844, 845 (1986); Powers v. Commonwealth, 227 Va. 474, 476 , 316 S.E.2d 739, 740 (1984); Andrews v. Commonwealth, …
discussed Cited as authority (rule) Ethan Aubrey Bliss v. Commonwealth of Virginia
Va. Ct. App. · 2014 · confidence medium
To support a conviction based upon constructive possession, “the Commonwealth must point to evidence of acts, statements, or conduct of the accused or other facts or circumstances which tend to show that the defendant was aware of both the presence and character of the [contraband] and that it was subject to his dominion and control.” Drew v. Commonwealth, 230 Va. 471, 473 , 338 S.E.2d 844, 845 (1986) (citation omitted).
cited Cited as authority (rule) Malcom J. Brown v. Commonwealth of Virginia
Va. Ct. App. · 2014 · confidence medium
Drew v. Commonwealth, 230 Va. 471, 473 , 338 S.E.2d 844, 845 (1986).
Lonnie Brack Drew
v.
Commonwealth of Virginia
Record 840511.
Supreme Court of Virginia.
Jan 17, 1986.
338 S.E.2d 844
1986 Va. LEXIS 148
David L. Williams (Sacks, Sacks & Larkin, on brief), for appellant., Marla Lynn Graff, Assistant Attorney General (William G. Broaddus, Attorney General, on brief), for appellee.
Poff.
Cited by 233 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 83%
Citer courts: Court of Appeals of Virginia (1)
POFF, J.,

delivered the opinion of the Court.

We granted this appeal to consider. whether the evidence was sufficient to support the defendant’s conviction for possession of cocaine with intent to distribute in violation of Code § 18.2-248. The trial court, sitting without a jury, found the defendant guilty as charged and entered judgment imposing a sentence of 10 years’ confinement in the penitentiary and a fine of $1,000.

At 6:30 p.m. on June 3, 1983, a detective assigned to the Portsmouth Vice and Narcotics Squad began a surveillance of a residence located at 3317 Knox Street. During the course of the next hour, 22 people entered the residence, remained a short time, and left. The detective acquired a search warrant and returned two hours later with several other officers.

As the police approached the residence, they saw defendant Lonnie Brack Drew standing in the street and talking with someone in a car parked “two doors down from 3317.” A van owned by Drew and a car registered to Cheryl McClarty were parked near the house. When the officers entered to conduct the search, Mc-Clarty was in the master bedroom. Clothing belonging to a man and a woman was hanging in the closet.

In the living room the officers discovered a checkbook, a bank statement, a telephone bill, and a wallet containing vehicle registration cards, a driver’s license, and a credit union voucher. All these documents bore Drew’s name and the Knox Street address.

The officers seized cocaine and cocaine residue from several places in the house. The items seized included a plastic baggie containing 3.35 grams of 19% pure cocaine; a glass vial containing[*473] .12 grams of 65% pure cocaine; three cards bearing .17 grams of 71% pure cocaine; 11 plastic baggies, seven of which contained cocaine residue; and a bottle and spoon containing cocaine residue. In the master bedroom the police found a razor blade and three straws cut at an angle. The detective testified that such straws “are commonly used to snort cocaine.” Four scales of different design were discovered in three different rooms. The scale found in the living room contained interchangeable gram weights, graduated in size.

On appeal, Drew contends that the evidence was insufficient to establish actual or constructive possession of a controlled substance. In the alternative, he maintains that the Commonwealth failed to prove intent to distribute.

The Attorney General acknowledges that the evidence fails to show actual possession of the drug. To support a conviction based upon constructive possession, “the Commonwealth must point to evidence of acts, statements, or conduct of the accused or other facts or circumstances which tend to show that the defendant was aware of both the presence and character of the substance and that it was subject to his dominion and control.” Powers v. Commonwealth, 227 Va. 474, 476, 316 S.E.2d 739, 740 (1984).

The record contains no evidence of statements or conduct which tend to show that Drew was aware of the presence of cocaine in the dwelling. The only evidence that the substance was subject to his dominion and control was the several documents introduced to show that he claimed the Knox Street address as his residence. But such evidence, though relevant, raises no presumption that he “knowingly or intentionally possessed [a] controlled substance” found there. Code § 18.2-250. The police observed Drew standing in the street near the dwelling when they returned to conduct the search, but there is no proof that he was inside the house when the 22 visitors entered. Mere proximity to a controlled drug is not sufficient to establish dominion and control. Wright v. Commonwealth, 217 Va. 669, 670, 232 S.E.2d 733, 734 (1977); Fogg v. Commonwealth, 216 Va. 394, 395, 219 S.E.2d 672, 673 (1975).

The facts in this case are strikingly similar to those in Garland v. Commonwealth, 225 Va. 182, 300 S.E.2d 783 (1983). There, the police seized four grams of cocaine and a set of scales and other drug paraphernalia in the search of a dwelling occupied by Melanie Henderson. Garland was not present during the search,[*474] but the policé discovered several articles of men’s clothing, an expired driver’s license issued to Garland, and a lease agreement for the dwelling which named Garland and Henderson as lessees. Finding that “[t]he evidence in this case, at most, create [d] a mere suspicion”, id. at 184, 300 S.E.2d at 785, we reversed the judgment convicting Garland of possession of the contraband.

We hold as a matter of law that the Commonwealth failed to carry its burden of proof in the case at bar. At most, the evidence establishes that Drew resided at 3317 Knox Street and that he was near the residence the night the cocaine was seized. This is insufficient to prove constructive possession by the defendant. Because possession is an essential element of the crime with which Drew was charged, we will reverse the conviction and enter final judgment dismissing the indictment.

Reversed and final judgment.