Possession of Cocaine

by gwydionwilliams

EVELYN SUE WYMER v. COMMONWEALTH OF VIRGINIA

Court of Appeals of Virginia

12 Va. App. 294

April 9, 1991

 The officer found assorted evidence of drug use, including paraphernalia and trace amounts of cocaine and marijuana, on defendant’s dresser in her bedroom, in a jewelry box, in a dresser drawer, in a box in a closet, in a vase in defendant’s living room, and in defendant’s purse. Then the defendant was convicted of possession of cocaine.

Whether the evidence was sufficient to prove that the defendant constructively possessed drugs?

Proof is required that the accused was aware of both the presence and character of the substance and that it was subject to his or her dominion and control.  Possession, however, need not be exclusive; it may be shared. Although proof that cocaine is found on the premises owned by an accused is insufficient, standing alone, to prove constructive possession, such evidence is probative of possession and is a circumstance which may be considered along with other evidence. While awareness is an essential ingredient in the crime of possession of narcotics, it may be proved by evidence of acts, declarations or conduct of the accused from which the inference may be fairly drawn that he knew of the existence of the narcotics in the place where they were found.

In this case two weeks prior to their arrests, appellant and Donald were the exclusive occupants of the house in which numerous items related to drug use were found. On top of appellant’s bedroom dresser in her jewelry box were found bent straws used to inhale cocaine, each containing cocaine residue. In a drawer in the dresser, Linhart found a brass pipe of the type used to smoke cocaine and marijuana. A similar brass pipe was found in her purse. Finally, in the living room in a vase near where appellant and Donald sat while the search was being conducted, Linhart found more bent straws which contained cocaine residue. The foregoing constitutes abundant evidence from which the trial court could reasonably have inferred that appellant was aware of the presence of cocaine.

The court affirmed the judgment of the trial court finds that there was an abundant evidence to show that the defendant was aware of the presence of cocaine at her residence.

These summaries are provided by the SRIS Law Group.  They represent the firm’s unofficial views of the Justices’ opinions.  The original opinions should be consulted for their authoritative content.

Possession Of Cocaine: Jeff Hardy going to Jail!?, Kurt Angle found innocent Oh it’s DAMN Real

Jeff Hardy will head to court on Wednesday, September 30th, and will face the following charges: * Felony possession of cocaine * Felony drug trafficking of opium * (Two Counts) Felony possession with intent to redistribute a Schedule III drug * Maintaining a dwelling for drug use and/or distribution * Misdemeanor possession of drug paraphernalia – The drug trafficking charge comes from the weight of the pills that Hardy had in his home at the time of the bust. If Hardy is able to provide a legal prescription for the painkillers (some or all), the weight would be reduced, and then the trafficking charges could be dropped. – While Hardy promised a statement through his TWITTER last week, he still has not issued that statement. www.411mania.com Kurt Angle www.411mania.com
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Possession Of Cocaine: State drug agents charge York man with cocaine possession in Erie
A York man suspected of supplying drugs to a trafficking ring that state drug investigators said they shut down in Erie in 2009 is in jail on charges of possessing a large amount of cocaine.
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Possession Of Cocaine: Cash, cocaine, Ecstasy seized in traffic stop
MARTINSBURG – A New York man who told police he was driving his motor home to a concert in Tennessee was arrested Wednesday after cocaine, Ecstasy and cash were seized following a traffic stop on Interstate 81.
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