Case Brief :Stopped for Speeding Accused of Illegally Possessing Firearms

             When they were stopped for evidence of a speeding violation, three
             adult males and a sixteen-year-old girl, henceforth known as Jane Doe',
             were accused of illegally possessing firearms. Two loaded handguns and a
             machine gun (as well as a pound of heroin) were found in an automobile in
             which they were riding when it was stopped for speeding. The guns had been
             positioned crosswise in Jane Doe's open handbag on either the front floor
             or front seat on the passenger side where she was sitting. All were jointly
             tried in a New York state court on charges of illegally possessing these
             All four defendants objected to the introduction of the guns into
             evidence, arguing that the State of New York had not adequately
             demonstrated a connection between themselves and the guns. When this
             objection failed, the respondents then filed a habeas corpus petition in
             Federal District Court, contending that they were denied due process of law
             by the application of the statutory presumption.
             The trial court overruled the four defendant's first objection,
             relying on the presumption of possession created by a New York statute
             providing that the presence of a firearm in an automobile is presumptive
             evidence of its illegal possession by all persons then occupying the
             vehicle, except when the firearm is found upon the person of one of the
             occupants. The trial court also denied respondents' motion to dismiss the
             charges on the alleged ground that such exception applied because the guns
             Besides affirming the presumption of possession, given the
             circumstances, the court also court concluded that the applicability of the
             exception was a question of fact for the jury to decide, not to be decided
             before the case went to the jury. In other words, the circumstances were
             ...

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Case Brief :Stopped for Speeding Accused of Illegally Possessing Firearms. (1969, December 31). In MegaEssays.com. Retrieved 01:59, November 15, 2024, from https://www.megaessays.com/viewpaper/201385.html