BAGGED

Law.com reports that
“Judge Rejects Charge That 63 Zip Bags Were Drug Paraphernalia”
A teenager who was allegedly carrying 63 empty zip-lock bags while trespassing in a Manhattan housing project cannot be charged with second-degree criminal use of drug paraphernalia, a Criminal Court judge has ruled. Penal Law §220.50
criminalizes the possession of "gelatin capsules, vials, capsules, or any
other material suitable for the packaging of individual quantities of narcotic
drugs or stimulants under circumstances evincing an intent to use [them for
the] packaging or dispensing" of drugs. In granting defendant Andrew Maass' motion to dismiss, Judge Deborah Kaplan held that his presence in the stairway of the building beyond signs that read "No Trespassing" fell short of the "circumstances evincing" the intent required under the law. "The information does not allege that the defendant made any statements indicative of involvement with narcotics, that any money was exchanged for the bags, or that the defendant had recently come from an area with a high incidence of drug
trafficking," Judge Kaplan wrote in People v. Maass, 089178/04.
"The mere allegation that the defendant was trespassing at the time he
possessed the bags simply does not establish the mens rea requirement of
Criminally Using Drug Paraphernalia in the Second Degree."

Folks, this is a great decision for those of us who practice criminal defense. But to look a
little deeper into the case, isn’t this really a case about bad police work?

Can any of us who practice in Miami think for one minute that a good, dedicated, well trained City Of Miami Police Officer would not have seen the defendant “drop” some pieces of crack cocaine as he ran away?

The cops in NY obviously need some help in their investigative techniques.