State v. Franklin ( 1997 )

SACKETT, Presiding Judge

(dissenting).

I dissent. I do not concur with the majority’s belief that the discovery of drugs in a vacated motel room supports an inference the drugs were left by the last occupant of the room absent any other evidence connecting the last occupant to drug use or trafficking.

A guest in a motel room does not enjoy total control over that room. The management retains access to the room and the room is available to hotel management and assigned staff. Additionally, small items could be left by prior guests and not immediately discovered by the cleaning staff.

I would reverse.