Posted by Jake remmington on 9/18/10

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During the course of a traffic
stop officers find a spoon
containing meth residue. The
subject admits to officers at
the scene that he has ingested
the remainder or the meth. He is
taken to the e.r. and there a
piece of a coffe filter is
recovered from his stomach
which later tests positive for
residue of meth. He is indicted
on one charge of possession
for the spoon and waives
indictictment on another for the
meth on the filter. Under advise
from public defender he pleads
guilty to both possession
charges. He attacks the second
conviction by p.c.r. claiming
double jeopardy violation. He
argues that the meth on the
spoon and the filter were
derived from a single
transaction and that the crime
of possession was fully
consummated upon his reciept
of the drugs and that for the
state to divide the drugs for
prosecution based solely on the
fact that part of the drugs
were recovered from a spoon
and part from a filter he had
ingested is a violation of double
jeopardy and is punishing him
twice for the exact same
criminal conduct. Does anyone
have any advice , comments or
oponions that could be helpful
here? It has been dificult to find
supportive case law pertaining
to double jeopardy when partial
supplies of drugs have been
ingested. All legal comments/
opinions/advice is/are welcome
and appreciated.

Double jeopardy or not ?, 9/18/10, by Jake remmington.

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