Drug Crimes

Question 1

Constructive Possession

How to show constructive possession

Answer 1

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

Question 2

Constructive Possession

How can “power to exercise control” in constructive possession be shown?

Answer 2

Can be inferred from access to the substance

Question 3

Constructive Possession

How can “intent to exercise control” be shown in constructive possession?

Answer 3

Can be inferred from surrounding circumstances (attempt to flee, erratic behavior, under the influence of the substance)

Question 4

Constructive Possession

Takeaway from Hunte

Answer 4

Transport from AZ –> NY; Control does not have to exclusive; there just needs to be a nexus between D and substance

Question 5

Constructive Possession

Takeaway from Garcia v. Florida meth in truck

Answer 5

Meth found in car; D must have knowledge of the illicit nature of the material to be guilty

Question 6

Constructive Possession

Takeaway from Pigford trucker pulled over

Answer 6

• 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

Question 7

The Amount of the Drug Possessed or Sold

Takeaway from Whitaker on greyhound

Answer 7

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

Question 8

The Amount of the Drug Possessed or Sold

Takeaway from People v. Ryan mushrooms in the mail

Answer 8

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

Question 9

The Amount of the Drug Possessed or Sold

Constitutional Takeaway from Benniefield

Answer 9

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

Question 10

The Amount of the Drug Possessed or Sold

Holding from Bennifield on school property

Answer 10

D did not need to know that he was on school property bc cocaine is illegal inside and outside of school zone

Question 11

The Amount of the Drug Possessed or Sold

Test for rational basis of statute

Answer 11

1. Distinction must be genuine and substantial
2. Classification must be genuine or relevant to purpose of law
3. Purpose must be one that the state can legitimately attempt to achieve

Question 12

The Amount of the Drug Possessed or Sold

Constitutional takeaway from Whatley

Answer 12

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

Question 13

The Amount of the Drug Possessed or Sold

Takeaway from Whatley across from church

Answer 13

Anyone could discern that activities at church qualified as youth center by observation or by contacting church and asking