What is the test for standing in a drug case where a drug dealer is found in possession at the time of the seizure?
MultiRegion, United States of America
The following excerpt is from U.S. v. Penco, 612 F.2d 19 (2nd Cir. 1979):
11 This is thus not a case where "the period of . . . possession clearly related to a time prior to his sale of the substance . . . ." United States v. Palazzo, 488 F.2d 942, 947 (5 Cir. 1974) (standing rejected for drug seller who had sold quantities of drugs to defendants from whom they were seized at airport later that day).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does a defendant charged with possession and distribution of contraband have standing to challenge the seizure and seizure? (MultiRegion, United States of America)
Is a pro se prisoner who cannot afford an attorney standing alone in court standing alone, standing alone? (MultiRegion, United States of America)
Does a drug dealer have a constructive "possession" or constructive possession of heroin? (MultiRegion, United States of America)
In what circumstances will a defendant be found guilty of possession of Class A drugs by reason of joint occupancy of the home where heroin was found in the garage? (MultiRegion, United States of America)
When a class action has been certified and the individual plaintiff has been found to lack standing, does the individual have standing? (MultiRegion, United States of America)
What is the test for determining whether a Commissioner can be found to have found that a Commissioner has found that the Commissioner has a valid case to answer? (MultiRegion, United States of America)
In what circumstances will a defendant not only be convicted but convicted of drug possession, but of possessing and possessing heroin, not having any authority or control of the drugs? (MultiRegion, United States of America)
Can a defendant be found guilty of aiding and abetting possession rather than the possession itself? (MultiRegion, United States of America)
In what circumstances will a convicted felon be found guilty of possession of a firearm for receiving and possessing a firearm at separate times? (MultiRegion, United States of America)
Does a husband's possession of furniture and other household goods constitute common possession of a wife's common possession? ("New York", United States of America)
