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Officers Must Have Facts Demonstrating a Sufficient Connection Between the Suspect and the Drugs to Find Possession

Wallin & Klarich Defense Attorneys Elaborate

To show that a suspect constructively possesses contraband and therefore may be arrested, an officer must have facts demonstrating a sufficient connection between the suspect and the drugs/contraband. This connection must be sufficient enough to infer that the suspect had both the power and intent to exercise dominion and control over the contraband.

A common probable cause issue in California drug crime arrests arises when drugs or other contraband are found in a room or vehicle occupied by multiple persons. Rarely does the question, “Who owns the dope?” result in a complete and entirely accurate answer.

To show that a suspect constructively possesses contraband and therefore may be arrested, an officer must have facts demonstrating a sufficient connection between the suspect and the drugs/contraband. This connection must be sufficient enough to infer that the suspect had both the power and intent to exercise dominion and control over the contraband. Commonwealth v. Clarke, 692 N.E.2d 85 (Mass. App. 1998).

If you are interested in a free consultation regarding any criminal matter, contact one of the Southern California skilled criminal defense lawyers at the Law Firm of Wallin and Klarich so that we may provide you with the proper information. Call 1-888-280-6839, or visit our website, www.wklaw.com for more information.

About Wallin & Klarich

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Wallin & Klarich was established in 1981. Over the past 32 years, our law firm has helped tens of thousands of families in their time of legal need. Regardless of whether our clients faced criminal or DUI charges, the loss of their driving privilege, or wanted to clean up their criminal record, we have been there to help them.