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Tag Archives: Constructive Possession

Criminal Practice – Marijuana Possession – Constructive Possession – Same Room – Plain View (access required)

State v. Slaughter Police discovered defendant and two other men in a 150-square-foot room surrounded by bags of marijuana, marijuana residue, stacks of cash, bags of cash, handguns, blunts, rolling papers, a grinder and packaging paraphernalia. Many of these items were in plain view of the officers when they entered the room, and almost all of the officers testified that a strong smell of marijuana pervaded the mobile home.

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Criminal Practice – Search & Seizure – Constructive Possession – Suspected Contraband – Motel Room (access required)

State v. Biber. (Lawyers Weekly No. 10-07-0872, 21 pp.) (Linda M. McGee, J.) (Sanford L. Steelman Jr., J., dissenting) Appealed from Buncombe County Superior Court. (Zoro J. Guice Jr., J.) N.C.App. Holding: Where the trial court found that defendant did ...

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Criminal Practice – Search & Seizure – Car Carrier – Crossing Center & Fog Lines – Reasonable Suspicion – Constructive Possession – Marijuana in Car Trunk (access required)

State v. Hudson. (Lawyers Weekly No. 10-07-0805, 17 pp.) (Cheri Beasley, J.) Appealed from Wilson County Superior Court. (William C. Griffin Jr., J.) N.C. App. Holding: An officer had a reasonable suspicion to stop defendant after the officer followed defendant ...

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