Wednesday, June 04, 2014

Substance proved to be cocaine without lab test

U.S. v. Yankey, 2014 WL 1887616 (5/13/14) (Kan.) (unpub'd) - There was sufficient evidence to establish the substance Mr. Yankey possessed was cocaine, despite the absence of a scientific test, where: an officer testified the substance had the same color and consistency as cocaine; the substance's price matched the high price of cocaine; the transactions were conducted with secrecy; the undercover officer referred to the substance as cocaine in Mr. Yankey's presence; and Mr. Yankey referred to the substance as "drugs."