10-10 case briefs

10-10 case briefs - bag if that person does not know that...

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Tim Woodward – 108303348 10/10/06 CCJS230 – Section 0201 Dawkins v. State 313 Md. 638, 547 A.2d 1041 (1988) Facts of the Case : Leonard Dawkins was arrested in a hotel room in Baltimore for possessing drugs and paraphernalia in a tote bag. He testified that the bag belonged to his girlfriend who asked him to carry it for her. He also said that he never looked in the bag and had no idea what it contained. The girlfriend corroborated his testimony with her own. Issue Presented: Can a person criminally possess illegal drugs and paraphernalia in a
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Unformatted text preview: bag if that person does not know that they are in the bag? Holding: No, a person can not be held criminally responsible for the drugs and paraphernalia if they are unaware of the bags contents. Opinion: The court held that knowledge is a primary element of the criminal act of possessing drugs and paraphernalia. Therefore, the accused must have knowledge of both the presence of the items and the illegality of them....
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This note was uploaded on 04/18/2008 for the course CCJS 230 taught by Professor Hammill during the Fall '07 term at Maryland.

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