## Facts

- Travis County sheriff’s deputies executed a valid search warrant at 1101 East Riverside Drive in Austin, Texas, a residence occupied by Edward Andrew Carr and a co-occupant.
- Officers found the co-occupant in a front living room–bedroom area and found Carr fully clothed lying across a bed in a separate back bedroom.
- Marijuana and seeds were found on a kitchen table.
- A box with marijuana “roaches,” seeds, and stems was found on the floor beside a bed in the living room–bedroom area.
- Pipes with traces of marijuana were found in the dining area.
- A cube of hashish was found in a wooden box on a desk near the front door.
- No contraband was found on Carr’s person, and none was found in the bedroom where Carr was located; the searching officer testified the bedroom search “failed to reveal anything.”
- There was no evidence of incriminating behavior by Carr (e.g., flight, furtive conduct), no odor evidence, and no direct proof tying him to ownership or use of the seized contraband.

## Issues

1. Whether the evidence was sufficient to prove beyond a reasonable doubt that Carr knowingly exercised care, custody, control, or management over the marijuana found in the residence.

## Decision

- The Texas Court of Criminal Appeals held the evidence was insufficient to support Carr’s conviction for possession of marijuana.
- The court reversed the judgment of conviction and remanded the cause.

## Legal Principles

- Unlawful possession requires proof that the accused exercised dominion and control over the contraband (care, custody, control, or management) and knew of its presence.
- Mere presence at a location where contraband is found, even with possible knowledge, does not establish possession.
- When contraband is found in a place accessible to more than one person, the State must present additional evidence “affirmatively linking” the accused to the contraband, beyond proximity or residence.

## Conclusion

Because the contraband was found in common or other areas of a shared residence, and the record lacked additional circumstances connecting Carr to the drugs (including none on his person or in his room), the State failed to establish constructive possession beyond a reasonable doubt, requiring reversal.


Carr v. State, 480 S.W.2d 678 (Tex. Crim. App. 1972)