In the Interest of D.H., a child

Summary

The Supreme Court of Georgia affirmed a juvenile delinquency adjudication for possession of less than one ounce of marijuana. The court held that the juvenile had joint constructive possession, that the police encounter and search were consensual and did not require reasonable suspicion, and that OCGA § 16-13-2(b) did not create an unconstitutional mandatory presumption of guilt.

Holdings

1. The evidence was sufficient because D.H. jointly constructively possessed the marijuana.
2. The encounter was a consensual first-tier police-citizen encounter, not a seizure, so reasonable suspicion was not required and the juvenile court properly denied suppression relief.
3. OCGA § 16-13-2(b) is constitutional; it establishes that possession of one ounce or less of marijuana is a misdemeanor and does not eliminate the presumption of innocence or the State's burden of proof.

Questions Presented

1. Whether the evidence was sufficient to support D.H.'s delinquency adjudication when the marijuana was found in D.I.'s sole physical possession.
2. Whether the police encounter and search violated the Fourth Amendment because the officers relied on an uncorroborated anonymous tip without reasonable suspicion.
3. Whether OCGA § 16-13-2(b)'s provision that a person charged with possession of one ounce or less of marijuana 'shall be guilty' creates an unconstitutional mandatory presumption of guilt.

Disposition

affirmed