Reference no: EM131629267
Case 1: A woman asks her sister, who has no criminal record, to rent a car, and drive from New York City to northern Vermont. She tells her that she is delivering two bottles of Tylenol to a friend of hers and that this friend of hers will pay her $1500 for the Tylenol, in cash. She asks her sister to drive up, meet her friend in a designated parking lot, make the exchange, and drive back the same day. Well..... she pulls into the parking lot and lo and behold, the police are there. They chat with her for a bit, telling her she can leave if she wants to, but she decides to stay on her own. They tell her that the person she is dropping the pills off to is an informant. They ask her if she knew that the Tylenol is actually Oxycontin. She says that she snuck a look in the Tylenol bottle and saw that it wasn't Tylenol, and she was pretty suspicious about having to drive 10 hours round trip and getting paid $1500 for something you can buy for $7 at the local drugstore. She hands the police the pills, which were in a bottle in her pocket for the entire drive.
Case 2: A person gets a call from a friend of his who asks him to store a 50" flat screen TV. His friend has never had a job that he's aware of and has never owned a TV worth more than a few hundred dollars. His friend tells him he was given the television by a guy he met in an alley. He checks Walmart and sees that the TV sells for $2000 new. His friend arrives sweaty and out of breath. He notices that the television has a wall mount with screws sticking out the back of it with what looks like wood still stuck in them. He also notices that the wires that come out of the back of the TV look like they've been cut. He lets the friend put the TV in his detached garage and leave it there. His friend leaves, going out the back door, jumping a fence, and looking nervously around.
The legality of whether possession of drugs or stolen property is met - let's talk about the Possession aspect. Is the woman in Case #1 in possession of narcotics (legal or illegal)? Is the male in Case #2 in possession of the television (stolen or otherwise)? What kind of possession is it if they are? Constructive or Actual possession? What differentiates between the two?