In a recent criminal law matter, the Supreme Court of Connecticut held, in part, that the State presented sufficient evidence to convict the defendant of drug possession charges under the theory of constructive possession.
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.
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.”
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.
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.
Written by Lindsay E. Raber, Esq.