Her Marijuana?
In the case about a Alisha Kimberly, the court stated that mere presence where contraband is found is not enough to determine possession, that additional factors must be found. They use the term 'totality of the circumstances' should be used in looking at incriminating circumstances.
1. In your own words, describe what the term 'totality of the circumstances' means.
2. What was incriminating for Kimberley? List the incriminating circumstances that met the above standard in this case.
23 Comments:
Totality of the circumstances means you have to look at all the circumstances meaning it has to be of access, large quantites of the substance at the scene where the accused was arrested etc.
What was incriminating for kimbererley was that she was a resident on, two that she knew what the bing was, three she had the marijunna in plain view and reach of her, and the seeds on the floor of the couch.
1. I beleive that totality of the circumstances means after looking at all the evidence and evaluating the scene to see what is actually there she is gulity of living in this situation where dugs were present all around her.If it was her objection to participate in these activitiesthen they should not be in her presence.
2. The fact that the bong was in next room in the house where she had access.Seeds on the floor in the rrom which she was on the couch.She admitted knowing where things were located in the house.The dugout pipe on the television tray in the same room where she was laying down.
1)Totality of circumstances means you must look at all the circumstances of the case.In this case there must be circmstantial evidence to show ownership or possession and many other factors such as incriminating statements or admissions showing consciousnessof guilt.
2)What was incriminating for Kimberly was that not only was marijuana found in her home it was observed by the police officers in plain view on the coffee table which was 2 feet from where she was lying.Also there was another item pertaining to paraphernalia, a "yellow glass-colored bong" which was found in Kimberly's compuer room.
1) TOTALITY OF THE CIRCUMSTANCES:
the circumstances in a whole not just one fact.All of them.
2)a. Kimberly lived in home.The drugs and paraphernalia were in plain view of defendent.
1. To me they probably mean that the circumstances in this case are just irelevant cause the quantity of the element found was there and she just have been there laying there and they just accused her of taking the element in question, without cold hard core evidence.
2. she admited to living there, she was found asleep next to the element with a bong next to the computer room and he also admited to shering the apartment with a person who was earlier arrested and they also found a shotgun in the apartment.
1. The term "totality of circumstances" means taking every possible scenario, evaluating all pieces of evidence and putting them together.
2. The incriminating evidence against Kimberley was that the marijuana was found in plain view as opposed to being stashed in the ceiling or under a dresser. In the rules of plain-view, anything an officer finds within plain-view sight without searching in unwarranted areas of the home is considered legal evidence. Also her residency in the home incriminated her as she was charged with possession b/c it was found in her home and in close proximity to her.
1) I think that the 'totality of the circumstances' means that when the police entered the apartment and saw that she was in clear view of the drugs she had knowledge that they were in the apartment. Therefore she could be charged with possession.
2) The things that were incriminating for Kimberley was that she was in clear view and in control of the marijuana. She also knew about the bong which meant she was aware of the illegal item inside of her apartment. It was very clear that she knowingly possedssed the paraphernalia which put her in control of it.
To me totality of the circumstances means that you have to take a good look to your surroundings, the evidence and the circumstance in wich the person is involved.
Mrijuana and paraphernalia were on top of the coffe table, a yellow glass colored bong, a nlarger bong in a different room and seeds spilled on the floor near the couch.
1. Totality of the circumstances means you must take into account all the circumstances and evidence.
2. Even though Kimberly shared the appartment, the mere presence of the contraband found in plain view was enough to show she had possesion of it.
1. To me, it means that if you had everything up in a certain situation, whatever makes the most sense would be your end result.
2. What was incriminating for Kim was the marijuna because it was in plan view so she had to know it was there, and she did nothing to try to get rid of it
1. Totality of circumstance means every issue surrounding the situation or allegations at hand justifies what is being pre-empted.
2. Kimberly's recognition of the paraphernalia,her access to the room in which the yellow glass-colored bong was found.
1. Totality of the circumstances means that you have to take all the evidence in to accountability. The fact that she was asleep on the couch 2 feet away from all the contraband and also various spots all over the house where drug content was claims possession.
2. What incriminates her is that she had possession of a controlled substance and drug paraphernalia and also a dangerous weapon
1.Totality of the circumstances means that the court must consider all the facts, the context and decide from the whole picture and not from one fact.
2. Living in a house filled with drugs. The finding of an excessive amount of drugs in her apartment. The bong in the next room. Kimberly being passed out approximately 2 ft away from the illegal drugs.A shot gun being in her apartment
when everything is taken in to consideration pertaing to the individual case. that it was her apt and that she was less than two feet away from the contraband. kimberly had access to to all the rooms that contraband was found in.
1. I feel "totality of the circumstances" means you must look at the circumstances before the court can prove possession.
2.What was invriminating for Kimberley was the substance being in public view and easily accessible by the defendant, and routine access to an area where contraband is kept.
1.) Totality of the circumstances to me means that the courts are capable of charging someone with the crime of posession depending on the criteria of the situation. Due to the amount of evidence that they found in Kimberly’s prensence, the court was able to infer that Kimberly “possessed the paraphernalia.”
2.) The incriminating circumstance that met the above standard in this case was that: Kimberly was discovered in an apartment where she frequently spends a lot of time and is aware of the use of marijuana in the premises. Also marijuana, and a “yellow glass colored bong” were found in plain view while Kimberly was lying on the couch. The defendant also stated that she recognized the contraband and knew what it is was used for.
1.) Totality of the circumstances means that all circumstaces must be reviewed. All the evidence has to be taken under careful consideration in determining whether additional incriminating circumstances have been proved.
2.)What was incriminating for Kimbeerly was that she was a resident of the premises, there was a ceramic pipe, and marijuana in a very close peoximity to her, there was a bong in the computer room, and seeds on the floor near the couch. Yet, they had no way of proving that the marijuana was hers...
amended
2)acessability to area in which things were found,she had prior knowledge of stuff she was able to describe the bongseeds on floor by couch indicating someone on couch was smoking it and she was the only one home and lying on couch
based upon the evidence provided they can only go by what was presented in the case and cannot be held responsible for any other incriminating circumstances outside of the courtroom.
The possession of marijuana and drug paraphernalia in her apartment, and in the status of intoxification.
1. totality of the circimstances- looking at all the circumstances in a whole.
2. the drug paraphernalia were observed in plain view on the table. that may be considered constructive possession.
1.) "Totality of circumstances" means that all circumstances and aspects must be considered before you can ultimately decide what someone is accountable for.
2.) The incriminating circumastances for Kimberly in this case are the drugs and paraphernalia that are discovered by police, as well as the fact that she is determined to have resided there
1.Totality of the circumstances means the mere presence of the accused on shared premises where the contraband is found and an additional factor such as routine access to an area where contraband is kept, the subtance being in public view and is easily accessible by the defendant,self-incriminating statements or admissions showing consiousness of guilt.
2. Kimberly was found next to the contraband and she lives there.
1. A totality of the circumstances means looking at the whole picture and rationally concluding beyond a reasonable doubt that common sense would dictate what the circumstances are that occurred.
2. The bong in plain view that was a couple feet tall and in a room that was highly accessible to her, her statements that she knew pot was smoked previously in the apartment and that she knew what the paraphernalia was used for,the "dugout", a ceramic pipe , and marijuana on a T.V. tray in close proximity to kimberly,seeds spilled on the floor by the couch where she was allegedly sleeping and the bong.
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