Drug Crimes Flashcards
Constructive Possession
How to show constructive possession
Beyond a reasonable doubt that
1. D knowingly had power
2. and intention
3. to exercise control
4. either directly or through others
5. over the substance at the time
Constructive Possession
How can “power to exercise control” in constructive possession be shown?
Can be inferred from access to the substance
Constructive Possession
How can “intent to exercise control” be shown in constructive possession?
Can be inferred from surrounding circumstances (attempt to flee, erratic behavior, under the influence of the substance)
Constructive Possession
Takeaway from Hunte
Transport from AZ –> NY; Control does not have to exclusive; there just needs to be a nexus between D and substance
Constructive Possession
Takeaway from Garcia v. Florida meth in truck
Meth found in car; D must have knowledge of the illicit nature of the material to be guilty
Constructive Possession
Takeaway from Pigford trucker pulled over
- D had access to cargo
- Quantity of marijuana (who would secretly load that amount?)
- Location suggested it was placed after truck was loaded
- D had dominion by virtue of access to the interior of truck
The Amount of the Drug Possessed or Sold
Takeaway from Whitaker on greyhound
D did not need to know the kind of the drug or actual weight of the drug; only needed to know he was transporting the substance
The Amount of the Drug Possessed or Sold
Takeaway from People v. Ryan mushrooms in the mail
D not deserve enhanced punishment unless aware that amount possessed of hallucinogen is greater than statute limit. No clear link between hallucinogen weight and mushroom weight
The Amount of the Drug Possessed or Sold
Constitutional Takeaway from Benniefield
Walked by school on way home from work: enhanced drug sentence for possession in a school zone does not violate equal protection because legislature has rational basis for law
The Amount of the Drug Possessed or Sold
Holding from Bennifield on school property
D did not need to know that he was on school property bc cocaine is illegal inside and outside of school zone
The Amount of the Drug Possessed or Sold
Test for rational basis of statute
- Distinction must be genuine and substantial
- Classification must be genuine or relevant to purpose of law
- Purpose must be one that the state can legitimately attempt to achieve
The Amount of the Drug Possessed or Sold
Constitutional takeaway from Whatley
Arrested in home near church with youth propgram: statute need not be free of ambiguities - rather statute must put a person of ordinary intelligence on notice
The Amount of the Drug Possessed or Sold
Takeaway from Whatley across from church
Anyone could discern that activities at church qualified as youth center by observation or by contacting church and asking
