Ponderings on Possession, Part Two.

I’ve struggled with Windypundit’s possession post.  If you’re not keeping pace, last week he brought up an interesting scenario (or two) resulting in people innocently going about their business but somehow obtaining items it’s illegal to possess. I took a stab at giving what I thought would be decent advice based on the scenarios presented (and also tried to explain the reasoning).

It wasn’t particularly easy, but many things in the world of criminal defense aren’t.

The shame of Draughn’s legal problems isn’t really the absurdity of possession crimes, though. While the hypotheticals do a great job highlighting that absurdity, the root of their difficulty is in a  couple of much more pervasive aspects of the system.

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Ponderings on Possession.

Mark Draughn’s “Windypundit” blog is one of my regular reads. He’s somehow found the magic ability to post both frequent and frequently interesting new thoughts.  Today he posted an interesting hypothetical regarding possession of contraband:

To make it more concrete, suppose I’m walking down the street, minding my own business, when a stranger confronts me, thrusts a duffle bag into my hands, and runs away. When I open a duffle bag, I find a tightly wrapped kilo of cocaine, a pile of child pornography, and a MAC-10 submachinegun. As I look up, I notice several police officers coming down the street, obviously searching for someone or something. They haven’t noticed me yet. What should I do next?

Well, then. What do you do?

From a strictly legal standpoint

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