Allen v. State

How later courts described this case

• recognizing that officer’s testimony that he was able to locate cocaine on top of a refrigerator did not prove that the cocaine was in plain view of appellant, given that she was only seen in the living room and she was seven inches shorter than the officer
• stating that when contraband is found hidden or secreted, the State must address whether the accused knew of the existence of the secreted place and its contents and that knowledge that others in the place have committed an offense does not show possession
• holding cocaine on platter on top back of refrigerator was not in plain view of appellant who was on a couch in another room when officer entered apartment despite evidence that officer was taller than appellant and could have seen it
• noting that “[t]he question is whether the amount of cocaine discovered should be factored into the determination of any link between appellant and the cocaine under the circumstances,” and concluding that “the factor of a large quantity of contraband [was] of little or no value in linking appellant to the cocaine” under the circumstances presented

Written by the judges who cited it.