Skip to main content

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

Greenville, SC |
Attorney answers 3


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


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.


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

NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. DO NOT RELY ON ANY ADVICE YOU RECEIVE FROM ME OR ANY OTHER ATTORNEY IN THIS FORUM. Legal advice comes after a complete review of the facts and relevant documents and an expressed (written) agreement of representation that forms attorney-client confidentiality. Neither of these two events can occur in this forum. Mr. Rafter is licensed to practice in the Commonwealth of Virginia and the US Federal Courts in Virginia. His answers to any Avvo question are rooted in general legal principles--NOT your specific state laws. There is no implied or actual attorney-client relationship arising from this education exchange. You should speak with an attorney licensed in your state, to whom you have provided all the facts before you take steps that may impact your legal rights. Mr. Rafter is under no obligation to answer subsequent emails or phone calls related to this or any other matter.

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer