Constructive Possession: When is a Person in Possession?

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Criminal Defense

  1. Constructive Possession: When is a Person in Possession?

    A scenario we frequently encounter with clients is one in which a police officer stops a car occupied by multiple people and drugs are found within the vehicle. Often times all passengers will be charged with possession of drugs, even though the drugs are owned by only one of the occupants. You may ask yourself: How can it be fairly determined whether or not all passengers were actually in possession?

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  2. Anonymous Tip to 911: Enough to reasonably stop a vehicle?

    In an effort to increase public safety, questions have been raised as to whether or not an anonymous tip can be enough evidence to supply an officer with reasonable suspicion to stop a vehicle. Until recently, the answer to that question was no. In previous cases held by the North Carolina Supreme Court, as well as the United States Supreme Court, an anonymous tip alone rarely provides enough reason to stop a vehicle.

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  3. New NC Gun Law Put in Effect Dec 1st

    More than 40 New Laws were put into effect on December 1, 2013, many were increased to a criminal offense status. Included in laws which impose more severe penalties is the firing of a gun in an enclosed space, whether to do harm or incite fear. The penalty review of this law was prompted by a gun incident in October 2012, when 20-year-old Justin Murphy walked into a Wal-Mart in Kernersville, NC and opened gun fire. No one was injured.

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