Rapper 2 Chainz has beaten an arrest for possession of marijuana stemming from an incident where the arresting cops . . . took photos posing with the rapper?
The ruling came down in Maryland yesterday after the judge determined there was not enough evidence to prove the marijuana found in the rapper’s tour van belonged to him. This was a case of “constructive possession”, where the Defendant was accused of possession based on the fact that he allegedly had control over the marijuana even though it was not physically in his possession.
In Florida, the State would have been required to prove beyond a reasonable doubt that the defendant both knew of the presence of the contraband and that he had the ability to exercise dominion and control over it. From a legal stand point, the problem with proving constructive possession is the “dominion and control” element. This is because drugs in plain view are not sufficient to prove dominion and control. To satisfy this element, the State must show that the surrounding circumstances support the inference of ‘a conscious and substantial possession by the accused, as distinguished from a mere involuntary or superficial possession.’
The rapper was busted back in February when cops pulled over a tour van he was riding in with six others people – though, oddly enough, the rapper was the only one charged in the case.
Maybe the most surprising thing about this case? The police had the nerve to pose for pictures with the rapper after they arrested him! Check out the attached photo.
If you or a friend has a question about criminal defense, call Taracks & Associates today at 813-281-2897 for a free, confidential consultation.