Smith's Criminal Case Compendium
Table of Contents
Criminal Procedure
Indictment & Pleading Issues
Evidence
Arrest, Search, and Investigation
State v. Henry, 237 N.C. App. 311 (Nov. 18, 2014)
In a possession of cocaine case, the evidence was sufficient to prove that the defendant constructively possessed cocaine. The drugs were found on the ground near the rear driver’s side of the defendant’s car after an officer had struggled with the defendant. Among other things, video from the officer’s squad car showed that during the struggle the defendant dropped something that looked like an off-white rock near rear driver’s side of the vehicle. This and other facts constituted sufficient evidence of other incriminating circumstances to establish constructive possession.