Possession of Cocaine

by gwydionwilliams

SHIRON W. HERRON, JR. v. COMMONWEALTH OF VIRGINIA

COURT OF APPEALS OF VIRGINIA

55 Va. App. 691;

February 23, 2010, Decided

Thomas was unable to complete the search.  Upon arriving at the jail Thomas informed officers there that appellant was uncooperative in his search and would need to be searched further.  Officers placed appellant in a holding cell and performed a strip search.  One of the officers noticed a plastic baggy between appellant’s buttocks and it was later determined to be cocaine.  The Circuit Court of the City of Richmond (Virginia) convicted the defendant of violating Va. Code Ann. § 53.1-203(5), making it unlawful for any prisoner in a correctional facility to possess a chemical compound not lawfully received.

Defendant argued that the trial court erred in convicting him of possession of cocaine in violation of Va. Code Ann. § 53.1-203(5) because he did not have the requisite intent to bring cocaine into the jail. In addition, defendant claimed that forcing him to admit to possession of the drugs is a violation of his right against self-incrimination, as conferred by U.S. Const. amends V.

Whether the trial court erred in convicting the appellant for possession of cocaine?

Whether the defendant has Fifth Amendment right against self-incrimination to refrain from disclosing the presence of drug?

Any analysis of Code § 53.1-203(5) directing the focus to the “voluntariness” of appellant’s entry into the correctional facility would lead to absurd results because it can be reasonably assumed that virtually no one goes to jail voluntarily. Accordingly, we hold appellant’s criminal action in this case was failing to dispose and/or reveal the presence of the drugs on his person prior to his transport into the jail facility. Appellant had ample opportunity to reveal the concealed drugs before he was taken inside the jail. However, appellant chose to conceal drugs on his person and then failed to disclose the drugs after being advised of the consequences of bringing drugs into the jail. Under these circumstances, we hold appellant’s act of taking drugs into the jail was voluntary. 

The court found that based on the legislative history and relevant legal analysis on the issues presented, the conduct prescribed by § 53.1-203(5) was one of strict liability. The Commonwealth was not required to show specific intent. Further, where defendant was warned about the consequences of taking drugs into a correctional facility and chose not to disclose the presence of those drugs before entering the facility, the court determined that defendant voluntarily possessed the drugs inside the correctional facility. Finally, the court concluded that defendant’s decision not to disclose the presence of drugs did not violate his Fifth Amendment right against self-incrimination.

For these reasons, appellant’s conviction for violating Code § 53.1-203 is affirmed.

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: Crack down on gun-toting thugs in Brockton

The Enterprise of Brockton, Mass. www.enterprisenews.com BROCKTON — It took months and several investigations to seize the guns that were laid out on the table of the prosecutor’s office and to charge nine people on drug and weapons charges. It will take months more to catch other gun-toting criminals in the city, authorities said. “Changes don’t come overnight,” Police Chief William Conlon said. “But you can see these weapons that are displayed before you today are certainly not toys.” Law enforcement officials pledged Friday to turn up the heat this summer on gun violence, with federal agencies joining local and state efforts in the crackdown. Authorities, at a press conference in Brockton, announced nine people now face federal and state charges as part of the push to curb gun crimes in the city and prevent a violent summer. Four of the suspects were arrested Friday, three were already in custody and two remained at large. Authorities seized 14 guns, including some reported stolen, as part of the investigations into drug and gun sales in the city. “Law enforcement is seriously interested in stopping the violence in this community,” said US Attorney Michael Sullivan, who is also the acting director of the federal Bureau of Alcohol, Tobacco, Firearms and Explosives. Sullivan said several arrested in the latest investigations are in their 30s and 40s. “These aren’t kids … The message is it doesn’t make any difference how old you are, law enforcement is seriously …
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