52 A.3d 820
D.C.2012Background
- W.R., a juvenile, was seen truantly and questioned by police in the 3400 block of 23rd Street, SE.
- Officer pat-searched W.R. and felt a bulge in his pocket; W.R. denied drugs.
- W.R. opened his pocket and revealed ten blue bags containing marijuana; $123 was found on him.
- W.R. was arrested for possession with intent to distribute; issue arises over suppression and sufficiency of evidence.
- Court cites In re J.O.R. to uphold custodial search of a juvenile as permissible for safety reasons.
- Evidence: eleven grams of marijuana in ten packages and cash supported a reasonable inference of intent to distribute.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the warrantless search permissible? | W.R. argues Fourth Amendment violation. | Custodial search allowed to protect officers and prevent destruction of evidence under In re J.O.R. | Search permissible; suppression denied. |
| Was there sufficient evidence of intent to distribute? | No expert testimony required; evidence insufficient without it. | Packaging and cash permit reasonable inference of distribution intent. | Evidence sufficient; conviction sustained. |
Key Cases Cited
- In re J.O.R., 820 A.2d 546 (D.C.2003) (custodial search of a juvenile permissible for safety reasons)
- Davis v. United States, 623 A.2d 601 (D.C.1993) (strong evidence of intent to distribute from packaging)
- Edmonds v. United States, 609 A.2d 1131 (D.C.1992) (modi operandi may prove intent to distribute)
- Jones v. United States, 990 A.2d 970 (D.C.2010) (expert testimony on drug trade methods may aid, not required)
- Hinnant v. United States, 520 A.2d 292 (D.C.1987) (modus operandi testimony may be admitted)
- United States v. Robinson, 414 U.S. 218 (U.S. Supreme Court 1973) (arrest justifies search incidental to consent or safety)