NCJ Number
182115
Journal
FBI Law Enforcement Bulletin Volume: 69 Issue: 4 Dated: April 2000 Pages: 22-31
Editor(s)
John E. Ott
Date Published
April 2000
Length
10 pages
Annotation
This article explains what evidence is relevant to determining whether suspects caught in possession of drugs knew they had the drugs or whether they were innocent victims.
Abstract
State and Federal statutes prohibiting the possession of contraband, such as illegal drugs, require the government to prove the possessor knowingly had the contraband. Individuals who possess illegal drugs but do not know what they have are not guilty of illegally possessing the drugs. Proving knowledge is often an issue in vehicle courier and package delivery cases. Suspects who have been caught red-handed often claim they did not know the object they possessed contained illegal drugs. The government has the burden of proving at trial that an individual found in possession of an object containing illegal drugs knew the object contained the illegal substances. If the drugs are hidden in a vehicle or in a package the recipient has not opened and the suspect does not admit he or she knew the contraband was present, the government must have sufficient circumstantial evidence from which to infer that the possessor knew the contraband was present. Courts have found the following facts are especially relevant in proving knowledge: inconsistent statements, implausible stories, large quantity of valuable contraband, nervousness, failure to ask questions regarding the nature of a trip, more contraband or drug paraphernalia found in the subject's possession, lack of surprise upon discovery of the contraband, scanning for police surveillance, accepting a package without question or surprise, hiding a package once it is delivered, and inquiring about the status of a package in anticipation of its delivery. The author points out that proving knowledge can be particularly difficult when there are multiple passengers in a vehicle where illegal drugs are found and that mere receipt of a package is usually insufficient in itself to prove knowledge of the package's contents. 32 endnotes and 4 photographs