In re Rothwell: Prisoner Did Not “Possess” a Postcard Containing Heroin That Was Intercepted Before He Received It

A California prison inmate who was the intended recipient of a postcard containing a small  amount of heroin did not actually “possess” a controlled substance when the postcard was intercepted before he ever received it, the Fourth District Court of Appeal held Monday in In re Rothwell, D051584.

(Above: Giving new meaning to the term “junk mail.” The postcard sent in Rothwell — this picture is not the actual card — was actually two postcards stuck together, and in between the postcards was .14 grams of heroin. This image is from the website loveboundtrain.com.)

A long quote from the opinion, dealing with the nuances of the law on possession, is on the jump.