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

By Walin & Klarich

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.

Full post as published by Southern California Criminal Defense Blog on August 20, 2009 (boomark / email).