State v. Butler

In State v. Butler, 356 N.C. 141, 146, 567 S.E.2d 137, 140 (2002), the following evidence supported the defendant's constructive possession of cocaine: The defendant appeared "very nervous" and "fidgety" when the officers approached the cab and asked him to step out with his bag. Murphy stated that defendant was "very slow" to get out of the cab and that, prior to opening the door, he bent over and reached toward the driver's seat. While in this position, defendant's hands were concealed from the officers' view. Thomas testified that he felt defendant "struggling" behind him and "pushing the back of Thomas' seat." The package of cocaine was discovered under the driver's seat approximately twelve minutes later. Butler, 356 N.C. at 147-48, 567 S.E.2d at 141. The Court in Butler concluded that there were sufficient indicia of defendant's constructive possession to warrant submission of the trafficking charges to the jury.