In re T.H.

Summary

The District of Columbia Court of Appeals affirmed suppression of a handgun found during a search incident to T.H.'s arrest for possession of illegal fireworks. The court held that, under the totality of the circumstances, the police lacked probable cause to believe that T.H., a passenger in the SUV, constructively possessed the fireworks.

Holdings

1. The trial court applied the probable-cause standard, not the beyond-a-reasonable-doubt standard, when determining whether T.H.'s arrest was lawful.
2. The police lacked probable cause to arrest T.H. for constructive possession of the fireworks because his mere proximity to fireworks in the SUV, combined with his awareness of them and weak evidence of flight, did not establish probable cause that he intended to exercise dominion and control over them.

Questions Presented

1. Whether the trial court applied the correct probable-cause standard rather than a beyond-a-reasonable-doubt standard in ruling on T.H.'s suppression motion.
2. Whether, under the correct probable-cause standard, the police had probable cause to arrest T.H. for constructive possession of the fireworks.

Disposition

affirmed