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Narcotic Drugs: Possession and Distribution (From Contemporary Criminal Procedure, P 555-577, 1990, Larry E Holtz -- See NCJ-127813)

NCJ Number
127827
Author(s)
L E Holtz
Date Published
1990
Length
23 pages
Annotation
Significant Federal circuit court and Pennsylvania State Court decisions are reviewed to illustrate legal tenets pertinent to proving the possession and distribution of illegal drugs.
Abstract
In United States v. Caballero (1983), the Federal Fifth Circuit Court ruled that the mere presence or association with those who control or possess illegal drugs does not automatically prove constructive possession of illegal drugs. The District of Columbia Circuit Court held in United States v. James (1985) that circumstances which clearly show that a person was knowingly in a position to exercise dominion or control over illegal drugs is sufficient to prove constructive possession. In United States v. Massey (1982), the 10th Circuit Court held that a defendant observed picking marijuana and loading it into a car was in constructive possession of it even though he was riding in a car following the car with the marijuana at the time of his arrest. In other cases, courts ruled that possessing the key to a crack house constitutes constructive possession and that more than one person may have possession of an illegal substance at the same time. In cases pertaining to the illegal distribution of drugs, the proof factors identified are quantity, paraphernalia, purity, the presence of large cash sums, location, the presence of firearms, and possessor addiction to the same or a different drug.

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