Articles Posted in Drug Possession for Sale

When a person has been arrested for drug possession, the arresting officers will determine whether the charge will be drug possession, or drug possession with intent to sell. To make the determination, officers will look at the facts.

A simple drug possession charge, while taken seriously by courts, will yield a lesser penalty than when there is an intent to sell. Therefore, it is always better when the charge is just drug possession and the officers determine there is no intent to sell.

Officers will survey the situation, taking all things at the crime scene into account. Let’s take an example. Officers come into a person’s house and arrest them for drug possession. In the home there are many baggies or drugs, each measured in the same amount. There are also many scales scattered throughout the room and bundles of cash. It is safe to assume that the person charged was not only using drugs for their own possession, but had the intent to sell. The facts, measured bags, vast amounts of cash, indicate that the drugs were not simply for personal use.

Under the Fourth Amendment of the United States Constitution, a person is protected against illegal search and seizure. No one’s personal space with which they have a legitimate right to privacy may be violated by unreasonable search. Any authority searching personal spaces must have a search warrant, or probable cause, or the search will be unreasonable.

If the evidence was seized unreasonably, and it is proven in Court that officer’s violated the person’s Fourth Amendment rights, the exclusionary rule will apply.

The exclusionary rule states that any evidence that has been obtained as a result of an unreasonable search or seizure, will be excluded as direct evidence in a criminal case. Many feel that it is extreme to now allow evidence that could convict a guilty person due to a officer’s misconduct. However, the exclusionary rule deters officers from straying from rules that protect a citizen’s privacy.

Many of our clients ask how a charge is determined by the district or city attorney. When will the charge be a Possession of a controlled substance for sale, and when will it be a Possession of a controlled substance. The difference is significant, as it can determine which potential consequences a person may face, and whether or not they face a possibility of jail time.

The determination is made by taking a look at the circumstances and the specific facts of the case. The officers who arrest and charge the person will make a determination and prepare the citation accordingly. It will then be sent to the Court so that the prosecutor can make a determination of whether the charge rises to the level of a Possession for sale, which is a lot more serious than a simple possession.

For example, let’s say that a person has been stopped by officers while he is driving his care for a routine traffic stop. Officers then smell marijuana when the driver opens his window, this gives officers probable cause to search the vehicle. When searching the vehicle, they find a small bag of marijuana between the two driver’s seats, and neither driver has a medical marijuana prescription for its possession.