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Home / Courts / Criminal Practice – Evidence – Crack Cocaine – Possession with Intent to Distribute (access required)

Criminal Practice – Evidence – Crack Cocaine – Possession with Intent to Distribute (access required)

State v. Breda The state presented evidence that (1) defendant was found in an area of high drug activity, walking away from a residence known for its drug activity; (2) a search incident to defendant’s arrest for providing a false address revealed four individually wrapped rocks of crack cocaine weighing a total of 0.31 grams; (3) defendant carried no drug paraphernalia and did not appear high, and there was no evidence that he had any money in his possession; and (4) defendant made several statements denying the substance was crack cocaine and asked law enforcement why he, a white man, would be selling crack cocaine in a predominantly African-American neighborhood. The state’s evidence merely created a suspicion that defendant intended to distribute the crack cocaine in his possession.

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