Narcotics Law Bulletin January 1997-December 1997: Vol 24 Index

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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
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Published by NARCOTICS LAW BULLETIN (ISSN 8755-8289) Copyright © 1997
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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
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