Table Of Content

NARCOTICS M LAW BULLETIN INDEX 1997 JANUARY — DECEMBER VOLUME 24 Month Page Month Page Aiding and Abetting Did dominion and control of apartment equal constructive Man claims he never got paid for roie in drug possession of drugs?, Tadeo-Mares (WA).Oct. 5 transaction, Davis (ME).Nov. 6 Did driver of one car possess cocaine in another car?. Man reports robbery then admits to drug deal gone bad, Gamble (GA).Mar. 2 Robinson (MA) .Nov. 5 Did husband possess package of pills mailed to wife?, Police claim man acted as lookout for drug deal, Williams (WV).Apr. 2 Montilla-Rivera (1st Cir.).Sept. 4 Did suspect constructively possesses cocaine on Suspect claims he was merely in apartment where police windowsill?, Thomas (1 A).July 4 found drugs, Dingle (DC).Sept. 5 Did woman constructively possess drugs found in ‘drug factory’?, Bundy (NY).June 4 Attempt to Possess Man who delivered scales in exchange for drugs claims he Police deliver sham parcel to apartment, Echols (IL).Jan. 6 didn’t possess cocaine. Sours (MO).Sept. 3 Officer finds bottle containing cocaine in pillowcase. Canine Search Noble (GA). July 5 Dog alerts to truck in police parking lot, Vega (AR).June 2 Suspect with money but no drugs claims he didn’t Officer stops car for second time after being told dog was constructively possess drugs, Hoey ,(DE).June 5 about to alert to it, Gonzalez (GA).June 2 Trooper allegedly finds cocaine in borrowed car, Grace (AL).Mar. 3 Conspiracy Was cocaine found in vacant lot in accused’s possession?, Man claims he withdrew from conspiracy by telling Smith (IL).Nov. 4 undercover officer to leave town, Rogers (MA).May 4 Man claims no knowledge of marijuana plants, despite Delivery strong odor, Camerano (MA).July 7 Man claims arranging drug sale wasn’t delivering drugs, Man claims sale to a few people didn’t rise to conspiracy, Hernandez (TX)..-... May 3 Cabrera (8th Cir.).Oct. 6 Suspect claims officer actually had to .see delivery to Men claim not one, but three, conspiracies existed, convict. Royal (TX).Aug. 6 Lewis (7th Cir.).Oct. 8 Men claim presence and association don’t prove conspiracy, Garza (5th Cir.).Oct. 7 Distribution Suspect claims he bought drugs from supplier but didn’t Did drugs in small bags and two beepers prove distribute them, Taylor (7th Cir.).Sept. 6 distribution?, Johnson (MA).Aug. 5 Suspect claims state has to produce seized cocaine to Do scales and plastic bags prove cocaine was not just for*- convict her, Anthony (MD).Dec. 2 personal use?. Bond (NY).Oct. 6 Constructive Possession Evidence Deputies find marijuana in car and arrest driver and Illegal alien wants expert to testify on migrant passenger, Jones (MS).Sept. 3 farmworkers’ problems, Castaneda (WA).Feb. 5 Publisher: E. Michael Quinlan, Esq. Managing Editor: Stephanie Federico Editor in Chief: Joanne L. Belasco, Esq. Legal Editors: Carol Johnson Perkins, Esq., Michael R. Jung, Esq., Alfred Gordon, Esq., Anil Adyanthaya, Esq. Editor: Jennifer Kavanaugh Editorial Assistants: L. Hunter Boyle, Mary Moylan The entire content of this newsletter is copyrighted by the publisher and may not be copied without prior permission. Contact Copyright Clearance Center (978) 750-8400 for permission to photocopy for internal use. Contact publisher for other reprint requests. The publisher is not engaged in rendering legal or other professional advice, and assumes no responsibility lor the statements and opinions of the contrrbuting writers or editors. Case law and statutes change without notice from time to time and are often specific to one jurisdiction only. The information herein Is not intended to be, nor should it be considered, a substitute for legal or professional advice rendered by a competent attorney or other professional. If you have any questions about the application of issues raised herein to your particular situation, seek the advice of a competent attorney or other professional. We respect your privacy. If you do not want your name used for future offerings of related products or for products from third parties, please let us know by sending us your complete name and address. This bulletin is available on microfilm from University Microfilms International, Ann Arbor, Ml Published by NARCOTICS LAW BULLETIN (ISSN 8755-8289) Copyright © 1997 PTTDT DITTVIT aw TCUTWr Pn Orydock Ave., Boston, MA 02210-2387 (617) 542-0048 Fax: (617) 345-9646 V^Ull^LAJM rUDLluilJiNlj UUi e-mail: info(a)quinlan.com http://www.quinlan.com Page 2 — January 1997 - December 1997 N.L.B. Month Page Month Page Prosecutor and judge tell jury about defendant’s prior Possession possession conviction, Myles (DQ.Mar. 6 Did driver possess drugs found under borrowed car’s floormat?, Kyte (TX).Aug. 3 Forfeiture Did state prove suspect’s ‘green, leafy substance’ was Can government seize farm when one co-conspirator marijuana?, Scott (AZ).May 8 never used it to distribute marijuana?, Dethlefs (ME).Mar. 7 Guest’s delivery gets host in trouble, Kostelec (MD).Apr. 4 Can police seize property if alleged marijuana operation Man admits stuffing bag of cocaine under seat, Lester (GA).Nov. 3 stopped before police intervention?. City of Everett Man claims he didn’t know luggage contained drugs, Police Department (WA).Aug. 8 Quilca-Carpio (11th Cir.).Oct. 5 Did man have standing to challenge money forfeiture?, Man says he didn’t know what was in package of drugs Munoz (FL).Oct. 3 mailed to 14-year-old son. Heritage (AR).Apr. 3 Drug trafficker claims $87,118 in small bills wasn’t drug Officer finds perfumed bag of cocaine under hood of proceeds, $87,118.00 in United States Currency (IL).Mar. 8 rental car. Fields (TX).Feb. 2 Government offers two documents to show items were Officers enter to check on child, find residue in linked to drug trade, Giles (LA).Nov. 7 crackpipe. Maxwell (4th Cir.).Dec. 5 Government relies heavily on convictions to prove Police find man sitting on couch with heroin next to his probable cause, $405,089.23 (9th Cir.).Dec. 6 leg, McMillon (TX).July 5 Man claims he didn’t personally use property for illegal Rental-car riders say drugs found in trunk don’t prove activity. White (1st Cir.).Oct. 2 possession, Jones (GA).Aug. 2 Man claims officers seized property ‘without any basis Suspect claims he didn’t have exclusive control of house therefor’, Roberts (GA).Nov. 8 where police found drugs, Roberson (MO).July 6 Man claims substantial connection didn’t exist between Suspect claims she didn’t possess drugs because she wasn’t forfeited items and drug crime, Lee (VA).June 8 home during apartment search. Brown (LA).Aug. 3 Man sells property to father for $1 to avoid forfeiture. Trooper finds 99 bags of drugs on suspect, Moore (VA).Dec. 4 The Premises and Real Property with Buildings, Women claim they didn’t know they were transporting Appurtenance and Improvements at 500 Delaware 630 pounds of marijuana, Thompson (IL).June 6 Street, Tonawanda, New York (2nd Cir.).Sept. 8 Traveler claims government seized his ‘life savings’, Prescription Drugs $8,880 in United States Currency (NY).Apr. 7 Nurse charged with tampering with Demerol syringes, Was check traceable to drug transactions?. Check No. Cunningham (IN).May 7 25128 in Amount of $58,654 (9th Cir.).Dec. 7 What constitutes diligence to notify claimant of Sale forfeiture?. One 1990 GMC Jimmy VIN Is marked money found in apartment rented to someone 1GKEV18K4LF504365 (MI).Dec. 8 else admissible?, Tronchin (NY).Mar. 4 What constitutes probable cause that money was used in Man claims he can’t be convicted of both sale and drug buy?, $49,576.00 U.S. Currency (9th Cir.).Oct. 4 po.ssession of drugs, Lawrence (GA).Nov. 2 Woman claims $10,000 in suitcase was from cash Man claims he wasn’t selling — he was undercover advances and casino winnings, $10,000 Seized From officer’s agent, Alvarez (NY).Apr. 2 Mary Patrick (lA).July 2 Suspect in undercover buy has fluorescent powder on hands, Adames (MA).Jan. 3 Informant Suspect says he thought he was selling fake cocaine, Police execute search warrant after informant makes Buford (KY).July 3 controlled buy, Ackerman (NY).Aug. 7 Seller objects when drug buyer/informant does not testify Sentencing at trial. Watts (IL).Feb. 3 Convicted dealer claims he can’t afford $10,000 fine, Klein (WY).Feb. 6 Intent to Distribute Did convicted defendant tell all she knew about drug Informant buys drugs at suspect’s girlfriend’s apartment, conspiracy?, Manzano-Excelente (NY).Feb. 7 Randle (lA).Mar. 4 Man claims detective’s testimony showed drugs might have been for man’s personal use. Morales (DE).Nov. 6 Surveillance Man present during search takes jacket and leaves, Drug dealer objects to use of ‘bionic ear’, Brandin (FL).Jan. 8 Jones (VA).Jan. 5 Man with small amount of cocaine claims he didn’t Trafficking intend to distribute it. White (VA).May 6 Suspect discusses supplier’s expensive prices with Nervous motorist’s answers contradict passenger’s, undercover officer, DePalma (MA).Apr. 6 Stribling (IL).Jan. 4 Suspect swallows drugs after being told she’s going to Officers arrest driver when passenger attempts to swallow prison. Cook (GA).Sept. 7 cocaine from cigar tube, Savageau (MA).Aug. 5 Owner of hou.se where police found drug factory claims he Weapons didn’t possess drugs. Chard (8th Cir.).Sept. 2 Man entering motel room reaches for gun in briefcase, Police pursue suspect without actually seeing drug sale, Allen (KY).May 2 Anderson (GA).Aug. 4 Police find crack and pistols in portable firesafe, Police seize man with 73 vials of crack cocaine. Smith (CT).... Dec. 3 Hawthorne (VA).Feb. 4 Suspect claims he did not intend to distribute more than Suspected dealer arrested in bed with guns under pillow 200 grams of cocaine, Lassere (LA).Apr. 5 and mattress, Hightower (Wl).Jan. 2 ( 1 l' . • ■ , ' ' ' ’