United States v. Jenkins

Facts

1. 1 Mens rea: "knowingly or intentionally" (including knowledge that the substance is a controlled substance) satisfied proved

   Because Defendant did not have actual possession of the cocaine base at the time of the search, we must determine whether he constructively possessed the drugs by virtue of his knowing ownership, dominion, or control over Ms. Payne’s residence and the drugs.

2. 1 Mens rea: "knowingly or intentionally" (including knowledge that the substance is a controlled substance) satisfied proved

   Although Defendant may not have resided at Ms. Payne’s residence on a full-time basis, the record indicates that his girlfriend and daughter both lived there and that he stayed there three to four nights a week.

3. 1 Mens rea: "knowingly or intentionally" (including knowledge that the substance is a controlled substance) satisfied proved

   However, the officer who observed the residence prior to obtaining and executing the search warrant testified at trial that on two occasions he saw people walking up to the house and then saw Defendant walk out the front door and towards the backyard with them.

4. 3 Possession (actual, constructive, sole, or joint dominion and control) satisfied proved

   In a night stand next to the bed, officers found marijuana, approximately $8,000 in cash which included a marked twenty-dollar bill used by a police informant to purchase cocaine base from Defendant, and two clear bags containing crack cocaine.

5. 3 Possession (actual, constructive, sole, or joint dominion and control) satisfied proved

   They also found a plastic bag containing crack cocaine in a hole covered with a piece of particle board in the middle of the backyard of the residence.

6. 3 Possession (actual, constructive, sole, or joint dominion and control) satisfied proved

   There is a four-foot fence .surrounding the backyard of the residence, and a fraternity house is located directly behind the fence.

7. 3 Possession (actual, constructive, sole, or joint dominion and control) satisfied proved

   “Constructive possession occurs when a person ‘knowingly has ownership, dominion or control over the narcotics and the premises where the narcotics are found.’ ”

8. 3 Possession (actual, constructive, sole, or joint dominion and control) satisfied proved

   Further, on the day of the search, officers discovered a single key in Defendant’s coat pocket which fit the front door lock of Ms. Payne’s residence. Officers also discovered mail addressed to Defendant at Ms. Payne’s address.

9. 3 Possession (actual, constructive, sole, or joint dominion and control) satisfied proved

   Further, a marked twenty-dollar bill used by the informant to purchase cocaine base from Defendant was found with approximately $3,000 in cash and some cocaine base in a night stand next to the bed in which Defendant was lying when officers executed the warrant.

10. 3 Possession (actual, constructive, sole, or joint dominion and control) satisfied proved

    We conclude that the evidence establishes a sufficient nexus between Defendant and the cocaine base for a jury to conclude beyond a reasonable doubt that Defendant constructively possessed the cocaine base with intent to distribute it.

11. 3 Possession (actual, constructive, sole, or joint dominion and control) satisfied proved

    The evidence also shows a sufficient nexus between Defendant and the marijuana for the jury to conclude that he constructively possessed it.

12. 3 Possession (actual, constructive, sole, or joint dominion and control) satisfied proved

    For example, officers discovered marijuana throughout the room where Defendant was found, including in the night stand where they located the $3,000 in cash, the marked twenty-dollar bill, and some cocaine base.

13. 3 Possession (actual, constructive, sole, or joint dominion and control) satisfied proved

    Further, although Ms. Payne testified that some of the marijuana found in the residence was hers, she stated that not all of it was.

14. 4 Specific intent to manufacture, distribute, or dispense the possessed controlled substance satisfied conceded

    The informant utilized by police for a controlled buy also told officers that she had purchased crack cocaine from an individual named Loc, which is Defendant’s nickname.

15. 4 Specific intent to manufacture, distribute, or dispense the possessed controlled substance satisfied proved

    Officer Easter testified that he saw some individuals approach Ms. Payne’s residence and that they left the residence shortly thereafter.

16. 4 Specific intent to manufacture, distribute, or dispense the possessed controlled substance satisfied proved

    He testified further that, in response to his subsequent questioning, one of those individuals told Officer Easter that he had purchased marijuana at the residence in question.

17. 4 Specific intent to manufacture, distribute, or dispense the possessed controlled substance satisfied proved

    The record also reveals that sufficient quantities of marijuana were located in the residence for the jury to infer that it was used for distribution rather than for personal use.

18. 4 Specific intent to manufacture, distribute, or dispense the possessed controlled substance satisfied proved

    This evidence reasonably supports the jury’s conclusion that Defendant knowingly possessed marijuana with intent to distribute it.

19. 5 Controlled substance (21 U.S.C. §§ 802(6), 812 Schedules I-V) or counterfeit substance (§ 841(a)(2)) satisfied conceded

    Officers also discovered marijuana and roach clips in a cigar box, plastic sandwich bags, marijuana in a laundry basket, and $203 in cash and Ms. Payne’s driver’s license in a pocket of a pair of women’s jeans.

20. 5 Controlled substance (21 U.S.C. §§ 802(6), 812 Schedules I-V) or counterfeit substance (§ 841(a)(2)) satisfied conceded

    In addition, officers found a plastic bag containing cocaine base and marijuana cigarettes on top of a dresser, two small bags of marijuana on top of a large glass fish tank, and another plastic bag containing'butts of marijuana cigarettes in a closet in the bedroom.