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Criminal Law Keyed to Gershowitz
In re K.A.
Citation:
682 N.E.2d 1233.Facts
On November 1, 1994, several police officers executed a search warrant at an apartment. When officers opened the door, they observed K.A. and Myron Taylor running out. K.A. stopped on command after running for about 40 years. Myron was caught further away.
The apartment was basically vacant of any furniture, food, or clothing, and it appeared no one lived there. The officers did observe garbage, such as McDonald’s boxes, around the apartment. An officer testified that under a McDonald’s box, there were 10 corners of clear plastic bags which contained an off-white, rock-like substance later identified as cocaine. In a hole in the floor of the closet, an officer also found two bags, each tied in a knot and containing several smaller corners of clear plastic bags with an off-white, rock-like substance later identified as cocaine. There were a total of 87 smaller corners of plastic bags. An officer searched K.A. and found $140. K.A.’s mother testified that she gave him $140 a few days earlier so that he could by clothes.
K.A. testified that Myron told him to go to the apartment. K.A. said that he spent most of his time in the living room without looking around the apartment. K.A. testified that he was listening to music for about 15 minutes when he heard an unusual sound coming from the back door. K.A. then observed the back door caving in and when he turned around he saw Myron unlocking and running out the front door. K.A. then followed Myron out the front door but stopped on command of the police.
K.A. did not think that Myron lived at the apartment but thought one of Myron’s relatives lived in the apartment. K.A. testified that he had never been to the apartment before.
The trial court found K.A. to be a delinquent minor due to unlawful possession of a controlled substance. K.A. was not in actual possession, but the State argued that K.A. was in constructive possession. K.A. appealed.
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