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OR: State's argument for possession supports standing?

By John Wesley Hall, Jr.

State's argument that defendant had constructive possession of drugs in his girlfriend's purse came really close to a virtual concession that he, then, would have standing to challenge the search of her purse because of his alleged control over it. The issue was purely possession based on his having possession of the drugs "just prior" to the search, but the court found it to be speculative. State v. Daniels, No. S057832 (Ore. July 9, 2010): In the alternative, the state contends that defendant had constructive possession of the methamphetamine in Perdune's bag. The concept of constructive possession broadens the scope of the crime of possession beyond physical control. State v. Casey, 346 Or 54, 60, 203 P3d 202 (2009). In accordance with that concept, under ORS 161...continue to full post

Full post as published by Fourth Amendment on July 11, 2010 (boomark / email).