Constructive Possession
June 30, 2008 Training Articles, News No CommentsUnited States v. Harris, No. 06-3045, 2008 U.S. App. LEXIS 3731
(D.C. Cir. Decided February 22, 2008)
Officers from the Washington D.C. Metropolitan Police Department executed a search warrant at the home of Dale Ann Harris, where she lived with her children. When the police made entry, they found Harris and two other women inside the apartment; all were handcuffed and detained. Officers searched the kitchen and found jars, vials, tin foil, and spoons which contained suspicious liquid that smelled like phencyclidine (“PCP”). Later testing revealed that one jar and three vials contained a total of 34 grams of PCP, which is an amount consistent with distribution. Further, a finger print analyst found Harris’ fingerprint on one of the vials that contained PCP. A jury convicted Harris of possession of PCP with intent to distribute.
Harris appealed and alleged that there was not sufficient evidence to support her conviction because the government did not prove that she possessed the PCP. Read the rest…
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