Opinion · 1970-01-26

Turner v. United States

Court upholds heroin convictions based on possession presumption but reverses cocaine convictions, changing when possession or missing tax stamps can support drug-distribution or smuggling convictions.

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Updated 1970-01-26

Real-world impact

  • Allows possession to support heroin smuggling convictions
  • Reverses convictions for cocaine when origin is unclear
  • Requires prosecutors to show origin or theft evidence for cocaine

Topics

drug possessionheroin prosecutionscocaine prosecutionsevidence rules

Summary

Background

A man (Turner) was arrested after federal agents found a tinfoil package of heroin containing 275 small bags and a small foil package of cocaine in his car, with no tax stamps on the packages. The Government introduced only the seized packages at trial and no evidence about where the drugs came from. He was convicted on four counts under two federal statutes that let juries infer illegal importation or unstamped purchase from mere possession.

Reasoning

The Court reviewed whether those statutory inferences meet the test adopted in a recent marijuana case requiring that the presumed fact be more likely than not to follow from possession. For heroin the Court found strong factual support in the record and official sources showing little or no domestic production, making it reasonable for a jury to infer smuggling and unstamped purchase or distribution. For cocaine the Court found domestic lawful manufacture and measurable thefts from legal channels, so possession did not reliably show smuggling or unstamped purchase.

Real world impact

The ruling means juries may convict on heroin possession when packaging and other facts make domestic origin unlikely, while prosecutors cannot rely on the same possession presumption for cocaine without extra evidence about origin or theft. The decision is not a blanket rule for all cases; larger seizures or different evidence in lower courts may produce different results.

Dissents or concurrances

Justice Marshall agreed in result but limited his view about what possession proved for purchase. Justice Black (joined by Justice Douglas) dissented, warning these presumptions shift the burden, weaken due process, and pressure defendants to testify.

Opinions in this case

  1. 1.Opinion 108033
  2. 2.Opinion 9424147
  3. 3.Opinion 9424148
  4. 4.Opinion 9424149

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