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BEAN v. U.S.

Nos. 10-CF-349, 10-CO-439.

17 A.3d 635 (2011)

Nathaniel C. BEAN, Appellant v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided April 21, 2011.

Attorney(s) appearing for the Case

Julian S. Greenspun , appointed by the court, was on the brief for appellant.

Ronald C. Machen, Jr. , United States Attorney, Elizabeth Trosman , Mary B. McCord , and Lara Worm , Assistant United States Attorneys, and Angela M. Miller , Special Assistant United States Attorney, were on the brief for appellee.

Before FISHER and THOMPSON, Associate Judges, and TERRY, Senior Judge.

TERRY, Senior Judge:

Following a one-day jury trial, appellant Nathaniel Bean was convicted of possessing two controlled substances, cocaine and heroin, with intent to distribute them, in violation of D.C.Code § 48-904.01(a)(1) (2001). On appeal he contends that the police lacked probable cause to arrest him for possession of an open container of alcohol ("POCA") because the container in question was closed (although unsealed) when the police first discovered...

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