Wheeler v. United States

494 A.2d 170 (1985)

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Nature of the Case

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Facts

A search warrant was issued for a room at an inn based on an informant claiming that the female occupants of the room were selling heroin from that room. The police knocked, identified themselves, and got no response. They heard scurrying noises behind the door. They then broke the door down and found that D and two other women coming from a toilet that had just been flushed. Under a bed pillow, they police did find 3550 milligrams of 2.7% heroin. D was arrested and found guilty of possession. D appealed. The case was submitted to the jury on the basis of constructive possession of an illegal substance in which a person knowingly exercised dominion and control.