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Criminal Law Keyed to Gershowitz
Cottman v. State
Citation:
886 A.2d 932.Facts
The defendant and Ms. Benson arranged for a drug deal with an undercover police officer. Benson stood next to the driver’s window. The defendant stood at the driver’s mirror and leaned toward the driver’s window, approximately two to three feet from the police officer. Benson asked the police officer whether he was a police officer, and he replied that he was not. The defendant then inquired: “Are you sure you’re not police?” The officer repeated his denial.
The defendant walked to the front of the police vehicle and looked up and down the street. The officer said that lookouts “commonly traveled with drug dealers in that area,” and during drug transactions, “will keep a lookout to try to identify any police that are in the area.” According to the officer, the defendant’s actions were consistent with a drug dealer’s lookout.
While the defendant was standing at the front of the vehicle, Benson asked the officer what he wanted. The officer responded that he wanted $20 worth of cocaine, and Benson retrieved a small bag of cocaine from her mouth. He received the drugs and drove away. Two to three minutes later, he returned and both the defendant and Benson were arrested.
The defendant was searched, but no drugs or money was found. The defendant was convicted of multiple drug offenses, including possession of cocaine.
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