State v. Mr. W. (2006)

Practice Area:  Criminal Law – Possession of Narcotics

Outcome:  Acquittal

Description:  Drug Cases (Maricopa County Superior Court CR2006-128370):  Officers found Mr. W. and a female friend parked in an alley known for drug sales.  Officers executed a traffic stop due to it being illegal to use the alley as a thoroughfare.  Upon approaching the car, officers had Mr. W. and the passenger exit.  Officers found Mr. W.’s passenger in possession of drugs and subsequently searched Mr. W.’s car.  Officers scraped narcotic drugs off the seat and charged Mr. W. with possession of narcotic drugs.  Ms. Castillo argued to the jury that the State was unable to meet its burden because they could not prove that Mr. W. was in actual or constructive possession of the narcotic drug nor could they prove that the drug was a useable quantity.  The jury acquitted Mr. W.

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