People v. Lemmons, 40 N.Y.2d 505 (1976)
When a firearm is found in a woman’s handbag within her immediate reach inside a vehicle, and she admits ownership of the bag, the statutory presumption that all occupants of the vehicle possess the firearm does not apply to the other occupants.
Summary
Lemmons and others were convicted of possessing weapons found in a handbag in a car they occupied. The Court of Appeals addressed whether the statutory presumption of possession for firearms found in a vehicle applies when the firearm is located in a handbag belonging to one of the occupants. The court held that the presumption does not apply in this specific circumstance because the handbag’s contents are considered to be “upon the person” of the woman. While the court upheld Lemmons’ conviction based on plain view, it reversed and remanded the convictions of Hardrick and Allen to determine if there was other evidence to prove possession.
Facts
Police stopped a vehicle occupied by Jane Doe, Lemmons, Hardrick, Allen, and the driver. Upon searching the vehicle, police discovered two handguns in a woman’s handbag located on the floor between Doe’s legs. Doe admitted the handbag was hers. Lemmons was also found to be in possession of two handguns in plain view. All occupants except the driver were charged with possession of the weapons. At trial, the prosecution relied on the statutory presumption that the presence of a firearm in a vehicle is presumptive evidence of its possession by all occupants.
Procedural History
The trial court convicted Lemmons, Hardrick, and Allen. These defendants appealed, arguing the statutory presumption was improperly applied. The appellate division affirmed the convictions. The case then went to the New York Court of Appeals.
Issue(s)
Whether the statutory presumption of possession arising from presence in an automobile in which a firearm is found applies when the firearm is located in a handbag belonging to one of the occupants?
Holding
No, because the handguns in this instance were found “upon the person” of Jane Doe within the contemplation of the statute; thus, the statutory presumption does not apply to the other occupants.
Court’s Reasoning
The court reasoned that the presumption of possession is a rule of necessity, only to be invoked when there is an absence of satisfactory evidence of actual possession. The statutory exception for weapons found “upon the person of one of the occupants” exists because it’s irrational to infer that all occupants possess a weapon in the exclusive possession of another. A woman’s handbag is considered an extension of her person, similar to pockets, containing highly personalized items exclusively controlled by the owner. The court noted that the handbag was within Doe’s easy reach and not easily accessible to the other passengers. Judge Wachtler, concurring in part and dissenting in part, stated, “Common experience teaches that a woman’s pocketbook is but an extension of her pockets; intended to hold items which she cannot or prefers not to keep in her clothing.” The court concluded that the presumption cannot stand where the presumed fact (possession) does not rationally flow from the evidence. However, the court remanded for a new trial for Hardrick and Allen, as the presence of weapons in the vehicle coupled with other evidence might still provide a basis for a jury to infer logical constructive possession. The conviction of Lemmons was upheld because he was found in possession of additional firearms.