Protests 120092-K of Kaufmann Trading Corp.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that “unlawful drug possession may be established through proof of either actual or constructive possession” (citation omitted)
• explaining that in Sherman, evidence suggesting that two individuals were engaged “in a joint drug-dealing enterprise” supported an inference that one individual constructively possessed drugs found on another (internal quotation marks omitted)
• holding that a police officer did not have probable cause to believe that the defendant constructively possessed heroin where the defen- dant had been sitting in the driver’s seat of a parked car but the plastic baggie containing residue was located out of his line of sight
• declining, for the same reason, to consider state’s “lack of exploitation” alternative basis for affirmance raised for first time on appeal
• absence of facts indicating that defen- dant was in actual or constructive possession of heroin, an essential element of possession charge, precluded finding of objective probable cause to arrest for that offense

Source: CourtListener parenthetical corpus (CC0).