Whitaker v. People

Facts

On January 14, 1998, David Whitaker was a passenger on a Greyhound bus en route from Los Angeles, California to Denver, Colorado. Police Department officers entered the bus, identifying themselves as police officers. Two of the officers began talking to each of the bus passengers, including the defendant.

The officers testified that the defendant appeared nervous while talking to them. When asked about his luggage, the defendant told the police that he had none. The officers pointed to a black bag near the defendant and asked if it was his. The defendant responded that it was not his bag, but said he had placed his jacket and a few other items inside it because no one else appeared to be using it. The defendant then consented to a search of the bag. The officers discovered 8.8 pounds of uncut methamphetamine contained in several duct tape covered packages inside the bag.

At trial, Whitaker argued that he did not possess the drugs and did not know that the packages of drugs were in the bag. The defense did not dispute the facts that the bag contained 8.8 pounds of methamphetamine. He was convicted of multiple drug offenses including possession.