Kesmodel v. Rand

From 3 a.m. to 5 a.m., two men lingered in a pedestrian walkway reputed to be the citys "Crack Capital." As a police officer approached, one of the men, Carlos Johnson, dropped a small baggie of cocaine base near his feet. The officer discovered that the other man, defendant James Dupree Barnes, was in possession of numerous plastic baggies and a small baggie of cocaine base was found near his feet. Each man was under the influence of cocaine and each had wadded up currency in most of his pockets. Johnson pleaded guilty to possessing cocaine base for sale and being under its influence. According to expert testimony, this combination of facts indicated that the two men were among the crack cocaine dealers who commonly deal in Fountain Alley. A jury found defendant guilty of the same crimes as his cohort.