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• Title: North Carolina v. James
• Author : Supreme Court of New York
• Release Date : January 03, 1986
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 55 KB

Description

The appeals involve common questions of the sufficiency of the evidence of constructive possession of controlled substances. The doctrine of constructive possession applies when a person without actual physical possession of a controlled substance has the intent and capability to maintain control and dominion over it. State v. Williams, 307 N.C. 452, 298 S.E.2d 372 (1983). As the terms "intent" and "capability" suggest, constructive possession depends on the totality of circumstances in each case. No single factor controls, but ordinarily the question will be for the jury. See State v. Baize, 71 N.C. App. 521, 323 S.E.2d 36 (1984) (collecting cases), disc. rev. denied, 313 N.C. 174, 326 S.E.2d 34 (1985). See also State v. Beaver, 77 N.C. App. 734, 336 S.E.2d 112 (1985). In Baize, we identified three typical situations regarding the premises where drugs were found: (1) some exclusive possessory interest in the defendant and evidence of defendants presence there; (2) sole or joint physical custody of the premises of which defendant is not an owner; and (3) in an area frequented by defendant, usually near defendants property. Id. at 529, 323 S.E.2d at 41. The fact that a person is present in a room where drugs are located, nothing else appearing, does not mean that person has constructive possession of the drugs. Id. If possession of the premises is non-exclusive, there must be evidence of other incriminating circumstances to support constructive possession. State v. Brown, 310 N.C. 563, 313 S.E.2d 585 (1984).

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