Re: Is this double jeopardy?

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On 9/19/10, Jake remmington wrote:
> During a traffic stop a spoon is
> found containing meth residue.
> Subject admits to arresting
> officers the he ingested the
> remainder of the drugs and is
> taken to hospital where a piece
> of coffee filter is recovered
> which tests positive for meth
> residue. He is later indicted on
> two seperate counts of
> possession and pleads guilty to
> both. One relating to the spoon ;
> one relating to the coffe filter
> recovered from his stomach. is
> this a violation of double
> jeopardy ?

No! Here is the definition of Double Jeopardy... [T]he
Double Jeopardy Clause protects against three distinct
abuses: [1] a second prosecution for the same offense AFTER
acquittal; [2] a second prosecution for the same offense
AFTER conviction; and [3] multiple punishments for the same
offense.' U.S. v. Halper, 490 U.S. 435, 440 (1989).

As it reads, there are two separate counts that are tried
under one criminal prosecution. You do not indicate that
there was a successive prosecution for the same offense.

the logical answer according to the way it was written is no-
-but then again i'm not an attorney!