Posts tagged with "narcotics"

Jury Reasonably Inferred Defendant Intended to Sell Cocaine He Constructively Possessed (PWID)

The Case

At 2am on October 19, 2004, a Norwalk police officer observed a vehicle near a business that reported problems with trespassing and the presence of narcotics transactions. After following this vehicle, the officer saw another one in the business’ parking lot, so he initiated a traffic stop of the second vehicle and radioed for assistance. The car had three occupants including the defendant, who was located behind the front-seat passenger. All appeared nervous, and the driver claimed the defendant was his uncle and they were there picking him up. When the officer went to run a check on the driver, the defendant changed his position to behind the driver’s seat.

After backup arrived, the officers placed the occupants under arrest for trespass. However, as the defendant exited the car, officers observed forty-three knotted bags and envelopes with cocaine, a small bag of marijuana, and $15 cash in plain view on the floor behind the front passenger seat. A search of the vehicle produced another bag of marijuana, a cell phone, and $640 in small denominations. No drugs or paraphernalia were found on the defendant, though after being transported to the police station, he provided a false name.

The Defendant’s Charges

The defendant was charged with PWID (cocaine), a violation of Connecticut General Statutes § 21a-227(a), as well as other crimes. At trial, State witnesses testified that the cocaine was packaged in a manner consistent with sales and the defendant was located in a known high drug activity area with no paraphernalia located on him indicating personal use. In addition, the presence of a cell phone and cash in small denominations is common in situations involving drug sales. At the close of State’s evidence, defense counsel moved for a judgment of acquittal, which was denied.

The jury returned guilty verdicts and the defendant renewed his motion, which was again denied. On appeal, he argued in part that the court improperly denied his motion for a judgment of acquittal because the State failed to provide sufficient evidence that he possessed the cocaine and that he intended to sell it.

To convict a defendant for PWID, the State must prove beyond a reasonable doubt that he “knew the character of the substance, knew of its presence and exercised dominion and control over it.” However, where the defendant does not have exclusive possession of the premises containing the drugs, the State must proceed on a theory of constructive possession, or possession without direct physical contact. Knowledge of the substance cannot be inferred without a showing of incriminating statements and other circumstances. Intent to sell, the second element, may be proven by the manner in which the narcotics are packaged, the defendant’s presence in a known drug trafficking area, and the absence of drug paraphernalia indicating personal use of the substance.

The Decision

In this case, the Appellate Court found that the jury could reasonably infer that the defendant constructively possessed the cocaine and intended to sell it. The Court specifically cited such behavior as the defendant’s movement in the car to distance himself from the narcotics, easy access to the narcotics, and his close proximity indicating he had knowledge of its narcotic character because “[i]t is by now common knowledge that cocaine is often packaged as a white powder in small plastic bags.”

This form of packaging, in conjunction with the defendant’s presence in a known drug trafficking area and the fact police found no drug paraphernalia on his person, allowed a jury to reasonably infer the defendant intended to sell the cocaine. Therefore, the defendant’s sufficiency of the evidence claim failed.

Written by Lindsay E. Raber, Esq.

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When faced with a charge for possession or distribution of controlled substances, an individual is best served by consulting with an experienced criminal law practitioner. Should you have any questions regarding criminal defense, please do not hesitate to contact Attorney Joseph C. Maya in the firm’s Westport office in Fairfield County at 203-211-3100 or at JMaya@Mayalaw.com.

State’s High Court Finds Drug Offense Convictions Proper Where Defendant Constructively Possessed Narcotics and Cannabis in His Wife’s Car

Case Background

This case arose from an incident that occurred on September 18, 2007. Narcotics officers initiated a valid traffic stop of the defendant, who was driving his wife’s vehicle with a friend in the passenger seat. The defendant avoided answering questions and “began nervously placing his hands inside his sweatshirt pockets and under his clothing.” The officer became concerned for his safety and ordered the defendant to keep his hands visible, but the defendant refused and a physical altercation ensued. During the struggle, a white package fell from the defendant’s pocket to the ground. It contained five wax folds that held a white powdery substance consistent with heroin.

The defendant was placed under arrest, and a subsequent search of his person revealed rolling papers and $552 in cash. While being brought to the patrol car, the defendant twisted out of the officers’ grip, lunged for the package and swallowed it, then “laughed at the officers and said, ‘gotcha.’” After both the defendant and his friend were placed in the cruisers, a search of the vehicle revealed two bags of crack cocaine and three bags of marijuana located in the center console.

Nonexclusive Possession of Narcotics

The defendant was subsequently convicted of possession of narcotics, possession of a controlled substance, interfering with an officer, and tampering with physical evidence, in violation of Connecticut General Statutes §§ 21a-179(a), 21a-279(c), 53a-167a, and 53a-155. On appeal, the defendant argued, in part, that the court “improperly applied the doctrine of nonexclusive possession,” resulting in insufficient evidence to convict him of the possessory offenses.

In a case where the State cannot provide direct evidence of drug ownership, they must present a theory of nonexclusive possession. In other words, to prove illegal possession, the State must establish that “the defendant knew the character of the substance, knew of its presence and exercised dominion and control over it.” This theory is most often set forth where the drugs were not located on the defendant’s body, but in other areas, such as his home or vehicle.

However, where the defendant is not in exclusive control of the premises (for example, there are other vehicle occupants), it is improper to infer that the defendant “knew of the presence of [the substances] and had control of them, unless there are other incriminating statements or circumstances tending to buttress such an inference.”

The Court’s Decision

In this case, the Supreme Court determined that the theory of nonexclusive possession was properly exercised, and a jury could have reasonably concluded that the drugs belonged to the defendant. The defendant was driving the vehicle belonging to his wife, which made it more likely that he, not the passenger, was aware of the drugs in the center console. Drugs and related items were found on his person, making it more likely the cocaine and heroin belonged to him rather than his wife or the passenger.

Finally, medical records revealed that on the day of the incident, a urinalysis revealed the presence of cocaine and opiates in his system. Therefore, there was sufficient evidence to convict the defendant of the possessory counts, and the judgment was affirmed.