Ithaca Drug Lawyer explains: the legal PRESUMPTION of who possessed drugs in "open view" in a ROOM

Assorted narcotics found in house (image courtesy www.fillmoregazette.com)

THE LEGAL PRESUMPTION 
THAT YOU POSSESS NARCOTICS 
IN "OPEN VIEW" IN A ROOM

Yesterday I explained the legal presumption of drug possession in AUTOMOBILES

Today, I'll explain the other section of the same statute, Penal Law s. 220.25, that addresses the legal presumption for private rooms (as opposed to public places)...

Here's the text of the law we're talking about:

2. The presence of a narcotic drug, narcotic preparation, marihuana or
  phencyclidine  in  open view in a room, other than a public place, under
  circumstances evincing an intent to unlawfully mix, compound, package or
  otherwise prepare for sale  such  controlled  substance  is  presumptive
  evidence of knowing possession thereof by each and every person in close
  proximity  to  such  controlled  substance  at  the time such controlled
  substance was found; except that such presumption does not apply to  any
  such  persons  if  (a)  one  of  them,  having  obtained such controlled
  substance and not being under duress, is authorized to  possess  it  and
  such  controlled  substance is in the same container as when he received
  possession thereof, or (b) one of them  has  such  controlled  substance
  upon his person.

Let's break it down... 

For this legal presumption to apply, the following factors MUST be present: 

-illegal drugs must be in "open view"

-must be in a room, like a house, apartment, office, etc (not a public place)

-you must be in close proximity to the drugs (not in another room)

-the drugs must be set up or prepared in a way that looks like they could be sold... (but this section has broad reaching definitions...)

EXCEPTIONS: 

-if somebody has valid prescription and original bottle

-if the drugs were found on your person (in your pockets, etc)

How does this law get applied?  

THE POLICE CHARGE EVERYBODY IN THE ROOM WITH POSSESSION IF THEY DON'T 

KNOW  WHO OWNS THE DRUGS.  

So...you will need an attorney to fight the presumption.  

--SUMMARY THOUGHTS--

Drug possession charges are serious at any level.  There is always plenty of police officer observation that can make defending these cases very complicated. 

It is an absolute must to have a lawyer challenge the presumption of possession in these types of room cases. 

BY:  Attorney Mike Cyr 


P:  607-229-5184

E:  mike.ithacadwi@gmail.com

www.ithacadwi.com

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Twitter:   @ithacadwi