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    Post: Double jeopardy or not ?

    Posted by Jake remmington on 9/18/10

    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.

    Posts on this thread, including this one
  • Double jeopardy or not ?, 9/18/10, by Jake remmington.

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