United States v. Accordino

My disagreement with Judge Miller’s opinion lies in his conclusion that Dugan possessed sufficient knowledge to identify a “rock-like substance, light beige in color” as cocaine. Dugan stated that he had no experience with cocaine prior to his encounter with the accused and her husband, John. He further indicated he thought the substance was cocaine because John said it was, and because it “numbed” his nose and tongue and'gave him a “rush.” This latter physiological reaction could also be obtained from non-controlled drugs that were available in the MacDill area. I am aware that an accused’s…