· 4/2/1997
United States v. Donald E. McCracken Ii, United States of America v. Donald E. McCracken III
Citations
- 110 F.3d 535
- 1997 U.S. App. LEXIS 6485
- 1997 WL 148811
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that a person has constructive possession if she has “dominion over the premises in which the contraband is concealed”
- finding constructive possession where the defendant lived in the apartment where drugs were found, and law enforcement found drugs and some of the defendant’s possessions in the same room
- testimony of defendant and his daughter that defendant lived at the residence and evidence of personal items with defendant's nickname on them were recovered from rooms where drugs were discovered
- testimony of defendant and his daughter that defendant lived at the residence and evidence of personal items with defendant's nickname on them were recovered from rooms where drugs were discovered
- \Proof of constructive possession is sufficient to satisfy the element of knowing possession.\
- if person has dominion over premises where contraband is concealed, constructive possession established
Source: CourtListener parenthetical corpus (CC0).
Judges: Wollman, Hansen, Montgomery
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.