Can a search and arrest for illegal possession of PCP result in a charge of constructive possession of the drug being brought against an individual?

California, United States of America


The following excerpt is from People v. Fried, 214 Cal.App.3d 1309, 263 Cal.Rptr. 237 (Cal. App. 1989):

The court's observations in People v. Hardeman, supra, 137 Cal.App.3d at p. 832, 187 Cal.Rptr. 296 are applicable here: "Illicit possession of narcotics is an inherently 'immediate' offense. The charge and arrest here were based upon circumstances which necessarily occurred or were existent solely at the specific time of arrest. No facts established the informant's presence at the [214 Cal.App.3d 1317] scene of the search and arrest. The only factually established relationship between the informant and the individual who he alleged was engaged in the sale of PCP occurred at least eight days prior to the arrest of respondent, if not earlier. We do not find that these circumstances established a 'close nexus' of the informant to the charged offense of constructive possession of PCP, nor do we feel that the facts establish a 'very recent' observation by the informant as to any situation which would bear on the guilt or innocence of the respondent as to the charged offense."

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