In Re K.A.

682 N.E.2d 1233 (1997)

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Nature of the Case

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Facts

Police had executed a search warrant at 313 South Fourth Street. An officer used a battering ram to force open the door. Police immediately observed D and Myron Taylor running in the living room toward the front door. D exited the apartment behind Myron but stopped on command after about 40 yards. Myron continued running, was caught, and was returned to the apartment. When first seen by the police, D and Myron were between one foot to three feet away from a McDonald's box under which cocaine was later discovered and five to six feet away from a closet in which cocaine was later discovered in a hole in the floor. The closet was located between the kitchen and the living room. D and Myron said that they were visiting the apartment. D said he had arrived at the apartment at about 11:45 a.m. to smoke a joint and listen to some music. D said he ran because he was afraid. D denied any knowledge of narcotics within the apartment. No cannabis was recovered in the apartment or on D. No scales or cutting agents were recovered and D did not have a key to the apartment. The apartment contained some McDonald's boxes in a garbage bag, an empty refrigerator, no furniture, except for a kitchen chair and some cushions, and no clothing. There were no indications that someone was staying in the apartment on a regular basis and no documents were located regarding the tenancy of the apartment. The apartment had been raided a number of times in the past 3 months was also under surveillance earlier in the morning prior to the November 1, 1994, raid. D was never observed on any of the prior occasions or on the morning of the raid. Different people were present in the apartment on each occasion. Anyone could enter the apartment through the rear door. Drugs were discovered in the apartment. D had $140 in United States currency in his front pant pocket. Ds mother testified that a few days before November 1, 1994, she gave D $140 so he could buy some clothes. No drug residue was found on D and none of his fingerprints were on the drugs found in the apartment. P's petition alleged that D had committed the following offenses: unlawful possession of a controlled substance for knowingly and unlawfully possessing less than 15 grams of a substance containing cocaine; unlawful delivery of a controlled substance for knowingly and unlawfully possessing with the intent to deliver less than one gram of a substance containing cocaine; unlawful possession of a controlled substance for knowingly and unlawfully possessing more than 15 but less than 100 grams of a substance containing cocaine; and unlawful delivery of a controlled substance for knowingly and unlawfully possessing with the intent to deliver more than 15 but less than 100 grams of a substance containing cocaine. D was convicted and appealed.