Proving Possession

What is the name of your state? New Jersey

My cousin is being held on a federal charge of possession of 50 grams of crack, however I have a question on how he can be charged with possession and no one else who was driving this vehicle is being charged.

He was arrested in reference to another charge and a week later the car in question was searched after receiving permission from the owner. Before the search several individuals were in possession of this vehicle, so how can they charge him with the illegal substance?

If he's being charged, shouldn't the owner of the vehicle and all other users of the car be charged, especially since they did not find any illegal substances on his person or in the car he was driving when they took him into custody.

Federal laws are so different and they're are so many loopholes, I'm just trying to understand the best way to combat these fictious charges.

Any information that may be of assistance can be forwarded to [email protected]

is the version you posted based only on what your cousin told you?

My guess is that they have something more than what you said. They may have charged others, or they may have had convincing information that it was your brother who placed the dope there.

Bottom line is the gov. has to prove their case beyond a reasonable doubt. If the defense can bring up doubt - which might include bringing in all the people who had possession prior to the search - then he may prevail.

But, I suspect that there is much, much more to the tale for them to charge a guy who had not been in recent possession of the car.

Carl

Deezie said:

What is the name of your state? New Jersey

My cousin is being held on a federal charge of possession of 50 grams of crack, however I have a question on how he can be charged with possession and no one else who was driving this vehicle is being charged.

He was arrested in reference to another charge and a week later the car in question was searched after receiving permission from the owner. Before the search several individuals were in possession of this vehicle, so how can they charge him with the illegal substance?

If he's being charged, shouldn't the owner of the vehicle and all other users of the car be charged, especially since they did not find any illegal substances on his person or in the car he was driving when they took him into custody.

Federal laws are so different and they're are so many loopholes, I'm just trying to understand the best way to combat these fictious charges.

Any information that may be of assistance can be forwarded to [email protected]

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My response:

Does your cousin have an explanation for his fingerprints being on the baggie?

No?

Then your cousin is not only a druggie - - he's also a stupid druggie.

IAAL

I AM ALWAYS LIABLE said:

My response:

Does your cousin have an explanation for his fingerprints being on the baggie?

No?

Then your cousin is not only a druggie - - he's also a stupid druggie.

IAAL

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I AM ALWAY LIABLE - Why do you even respond? My guess is to inflate your number of posts, and/or to try to entertain all of your forum buddys??? He didn't say that there were any fingerprints ever lifted from a baggie, nor did he mention that there was any baggie, ...AT ALL.

Also, by calling his cousin a druggie, you have assumed that he had been found guilty, ...you know what they say about "ASSUME"???

reeBrelliM said:

I AM ALWAY LIABLE - Why do you even respond? My guess is to inflate your number of posts, and/or to try to entertain all of your forum buddys??? He didn't say that there were any fingerprints ever lifted from a baggie, nor did he mention that there was any baggie, ...AT ALL.

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My response:

I respond so I can attract idiots like you. The guy said, "50 grams of crack". Now, I don't know how YOU store your crack, but I store mine in little baggies - - much like my crap, in little baggies marked "scented", which is just another way of saying, "reeBrelliM".

IAAL

I store my crack in my pants, butt to each his own. (pun was indeed intended )

Okay - 50 grams of crack, that's roughly 2 oz. (lil less than), ...I doubt that they are gonna be lifting fingerprints from the baggie. Not for just 50 grams, I'd say it's very doubtful.

In any event, I think that there still is a lot that isn't being said about this story.

reeBrelliM said:

I store my crack in my pants, butt to each his own. (pun was indeed intended )

In any event, I think that there still is a lot that isn't being said about this story.

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My response:

Yes, I agree - - like how incredibly stupid you are, and your "pun".

IAAL

reeBrelliM said:

Okay - 50 grams of crack, that's roughly 2 oz. (lil less than), ...I doubt that they are gonna be lifting fingerprints from the baggie. Not for just 50 grams, I'd say it's very doubtful.

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Your out of your mind! 50 grams of crack is enough to get a school of 500 children addicted! You obviously never had to deal with the severity of addiction this drug can cause.

Unless the law has changed defendants convicted of “trafficking” 50 grams of crack cocaine can receive the same ten-year mandatory minimum penalty as defendants convicted of trafficking 5,000 grams of powder cocaine.

Yep, but if it was found in a car, and a considerable amount of time had passed, ...I seriously doubt that they were taking the proper steps needed in which to preserve such evidence as fingerprints on a baggie. Do you seriously think that they were wearing rubber gloves to search a vehicle???

If it was found a week later, I would think that whoever the registered owner is of that car could possibly be charged, but if it was known that other people had access to, and had been using the car, then it would be hard for them to charge any particular person with it, other than the owner.

To establish the elements of unlawful possession of a controlled substance, the State must prove that the defendant had knowledge of the presence of the controlled substance and that the defendant had immediate and exclusive possession or control of the controlled substance. People v. Frieberg, 147 Ill. 2d 326, 360-61 (1992). The elements of knowledge and possession are questions of fact to be determined by the trier of fact. People v. Schmalz, 194 Ill. 2d 75, 81 (2000). The State must prove that the defendant's possession of the controlled substance was actual or constructive. Frieberg, 147 Ill. 2d at 361. Actual possession is the exercise by the defendant of present personal dominion over the illicit material and exists when the defendant exercises immediate and exclusive dominion or control over the illicit material. Schmalz, 194 Ill. 2d at 82. Actual possession does not require present personal touching of the illicit material but, rather, present personal dominion over it. Schmalz, 194 Ill. 2d at 82. Constructive possession, on the other hand, exists without actual present personal dominion over a controlled substance. Frieberg, 147 Ill. 2d at 361. A defendant has constructive possession over a controlled substance when he or she has the intent and capability to maintain control and dominion over the controlled substance. Frieberg, 147 Ill. 2d at 361. The elements of the offense of unlawful possession of a controlled substance may be proved by circumstantial evidence. People v. Chavez, 327 Ill. App. 3d 18, 24 (2001)

reebreelim -

you seem to be missing something here.

50 grams of crack is enough to get a school of 500 children addicted!

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50 grams of CRACK was found in a car.

is the version you posted based only on what your cousin told you?

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Now you think about this real long, and real hard. I'm sure you can come up with the fact that the OP can not possibly know all of the circumstances of that night. A common statement of criminals is, I didn't do it. 50 grams of CRACK. CRACK. The only sorry thing in this story is that EVERYONE in that car wasn't arrested and detained in prison.

I guess you and your druggie friends must be upset 'one of yours' was taken into custody. Go back to your trailer, raise your glass pipe in salute to your junkie friends, and smoke your life away - it's worthless anyway.

Your out of your mind! 50 grams of crack is enough to get a school of 500 children addicted! You obviously never had to deal with the severity of addiction this drug can cause.

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A recreational dose of coccain is 20-30 grams. You obviously don't know what you're talking about. Also, it is less addictive than cigarettes.

Sambo83 said:

A recreational dose of coccain is 20-30 grams. You obviously don't know what you're talking about. Also, it is less addictive than cigarettes.

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Yeah, right!
Hate to tell ya, YOU'VE BEEN MISINFORMED.

A recreational dose of coccain is 20-30 grams.

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What an idiot.

I guess you haven't tried to bring 20 grams into the country in Miami or pulled out a mirror and laid out 20 lines in front of an ATF agent.

Simply put, you get caught with 20 to 30 grams and you'll be hit with possession AND intent to distribute.

Or are you high?

A recreational dose of 'coccain' is just about 1 gram per person. A recreational dose of crack would be anywhere between 1-3 grams, depending on the person's 'experience' with the drug. 20 to 30 grams of 'coccain' is an enormous amount - enough to cover a coffee table.

Crack and 'coccain' are 2 different drugs. However, nicotine is considered the 3rd most addictive drug in the US, right behind heroin and caffeine. Points for that, I suppose.