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What are key facts police officers have to have for distribution of cocaine

Greenville, SC |
Filed under: Constitutional law

drug

Attorney Answers 3


  1. Hand to hand delivery to informant or under cover cop and presumption for large quantities that would not be typically for personal use.


  2. The prosecution needs to have sufficient evidence to make out the elements of the offense. In most states the crime is defined as possession with intent to deliver or delivery of the substance. In essence the prosecution needs to demonstrate that the defendant possessed something (meaning he or she had the power and intent to control the something, 2) that the something possessed was cocaine (which is usually established by establishing a chain of custody from the time it was seized to the time it was tested in a lab and either the introduction of a lab report or the testimony of the lab technician that tested the substance. and 3) either that the defendant had the intent to deliver the cocaine to someone else or did in fact deliver it to someone else. Intent to deliver is usually established by "expert testimony either that the amount seized was to high to be consistent with personal use and therefore the only other reason to possess it is to deliver it to someone else or that the packaging was inconsistent with personal use.


  3. Police only require probable cause - facts and circumstances indicating a particular person committed a crime.

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