People v. Konrad

At issue in this appeal is whether there was sufficient evidence from which to conclude the defendant possessed cocaine for the purposes of MCL 333.7401; MSA *27814.15(7401). The majority has concluded that while defendant did not have actual physical possession of the drugs, the doctrine of constructive possession is sufficiently broad to include the conduct of the defendant. Because I believe that the majority has misconstrued the parameters and purpose of this doctrine, and has set a problematic precedent, ■ I respectfully dissent.

i

There can be no dispute that the defendant was a highly active…