Narcotics Flashcards
GHB drug class
A
Ketamine drug class
A
Drug class for any synthetic opioid defined in schedule I or II under federal law
A
OxyContin drug class
B
LSD drug class
B
Phenacyclidine (PCP) drug class
B
Codeine drug class
B
Methadone drug class
B
Percocet and oxygcodone drug class
B
MDMA drug class
B
Synthetic marijuana (k-2, spice) drug class
C
Valium and diazepam drug class
C
Bath salts drug class
C
Hallucinogenic substances drug class
C
Neurotin (gabapentin) drug class
E
Is a certificate of analysis to prove drug type enough
No
When proving type of drug, laboratory testing is conclusive provided that lab analyst _________
Field testing is adequate provided that officer who ________ testify that he was trained to do it
Analyst testify at trial
performed field testing testify
Is the visual inspection of a drug enough?
No. Not even by chemist due to availability of counterfeit drugs
Is price paid sufficient proof of drug
No
Prescription medication may be identified by sight if:
There is additional evidence
Is taste test by informant sufficient?
No
Is paraphernalia found near drugs sufficient?
Yes
Is keeping drugs in a stored area sufficient that substance is a drug
Yes
Suspects admission that substance is a drug is sufficient if:
Suspect is an experienced drug user
Is attempt to swallow substance sufficient to show it was drug
Yes
Even if substance possessed by suspect is not recovered by police, is proof that it came from a larger stash sufficient to show it was a drug
Yes
Officers should not charge possession if suspect ingested substance out of their sight, unless they have
Witness who saw the suspect in possession of
Exception to internal possession is for:
Marijuana by people under 21
To prove possession, police must show that the suspect ____ narcotics were present and had the _____ and ability to ____ them
Knew, intention, control
Is passenger guilty of PCP possession if in a car as others consumed it
No
Two types of possession
Direct and constructive
Drugs in someone’s pocket is an example of _____ possession
Direct
Constructive possession occurs when drugs are discovered in a :
Separate area
Person possessing something in their closet at home, while they are at work is an example of ______ possession
Constructive
To prove possession, there must be presence of drugs plus:
An additional factor
Can presence of air freshener in a vehicle be a plus factor when determining if someone is in “possession” of drugs
Yes
When police discover drugs in a basement and defendant makes statement “I’m going to do 2 years for this”, is that a plus factor to show possession
Yes
Is defendant acting in agitated or nervous manner as police get closer to drugs in their car an plus factor to show possession
Yes
Is a large quantity of drugs relevant to show defendants knowledge and therefore possession of drugs
Yes
Is possession of an unopened package containing drugs enough to prove possession
No not without more
Right of arrest possession of drugs in any class
Arrest on PC
Possession of class E cannot qualify as subsequent offense, however class E may be the:
Basis of subsequent offense if suspect later possesses another class
Never choke drug suspects to prevent them from swallowing drugs, instead charge:
Evidence concealment
Distribution is any ______ _______ of drugs
No medical delivery
Distribution is any ______ _______ of drugs
No medical delivery
Distribution may involve an accomplice not present at the sale- the so-called _______
Constructive transfer
Distributing drugs to a person who dies from an overdose may potentially be charged with:
Involuntary manslaughter
Is a defendant “manufacturing” if he obtains powdered cocaine and turns it into crack for his own use
No
The most important factor when determining if someone should be charge with possession with intent to distribute
Quantify of drugs
Minimum quantity required to prove intent to distribute
No minimum quantity
When a drug is possessed in pure form (not cut) it is usually indicative of:
Intent to distribute
Does street value of drugs possessed influence whether to charge possession with intent
Yes
Does possession of large amount of cash or “marked money” indicate intent to distribute
Yes
Does repeatedly ringing cell phone indicate possession with intent
No
Is possessing a stun gun and pepper spray near illegal drugs consistent with an intent to distribute?
Yes
Is intense effort to avoid police apprehension characteristic of a drug dealer?
Yes, mere users are unlikely to fear arrest to the point where they would flee or fight
Police can bring in experts to explain certain indicators of distribution. Can the expert comment on a defendants guilt or rely on the defendants physical appearance?
No
