Whitaker v. People

48 P.3d 555 (2002)

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Nature of the Case

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Facts

D was a passenger on a Greyhound bus en route to Denver, Colorado. The bus stopped in Grand Junction, Colorado for routine service and to change drivers. After the passengers had reboarded, three Grand Junction Police Department officers entered the bus, identifying themselves as police officers. Two of the officers began talking to each of the bus passengers. D appeared nervous while talking to them. D told the police that he had no baggage. The officers pointed to a black bag near D and asked if it was his. D said no but said he had placed his jacket and a few other items inside it because no one else appeared to be using it. D consented to a search of the bag. The officers discovered 8.8 pounds of uncut methamphetamine contained in several duct tape covered packages inside the bag. D argued that he did not possess the drugs and did not know that the packages of drugs were in the bag. D was of possessing 1,000 grams or more of a schedule II controlled substance with intent to distribute and importation of a schedule II controlled substance. The court of appeals affirmed. The trial court had correctly instructed the jury on the elements of possession of 1,000 grams or more of a controlled substance with intent to distribute and on the charge of importation of a controlled substance. It held that P need not prove that D 'knowingly' imported the controlled substance, nor that the defendant 'knew' the drugs weighed more than 1,000 grams. D appealed. D argues that the quantity of drugs is an essential element of the crime of possession with intent to distribute, and the mens rea contained in section 18-18-405(1)(a), 'knowingly,' must apply to it.