subject: Richmond Possession Of Drugs Virginia Correctional Facility Concealed Jail Hanover County Henrico New Kent [print this page] Richmond Possession Of Drugs Virginia Correctional Facility Concealed Jail Hanover County Henrico New Kent
SHIRON W. HERRON, JR. v. COMMONWEALTH OF VIRGINIA
COURT OF APPEALS OF VIRGINIA
55 Va. App. 691;
February 23, 2010, Decided
Thomas was unable to complete the search. Upon arriving at the jail Thomas informed officers there that appellant was uncooperative in his search and would need to be searched further. Officers placed appellant in a holding cell and performed a strip search. One of the officers noticed a plastic baggy between appellant's buttocks and it was later determined to be cocaine. The Circuit Court of the City of Richmond (Virginia) convicted the defendant of violating Va. Code Ann. 53.1-203(5), making it unlawful for any prisoner in a correctional facility to possess a chemical compound not lawfully received.
Defendant argued that the trial court erred in convicting him of possession of cocaine in violation of Va. Code Ann. 53.1-203(5) because he did not have the requisite intent to bring cocaine into the jail. In addition, defendant claimed that forcing him to admit to possession of the drugs is a violation of his right against self-incrimination, as conferred by U.S. Const. amends V.
Whether the trial court erred in convicting the appellant for possession of cocaine?
Whether the defendant has Fifth Amendment right against self-incrimination to refrain from disclosing the presence of drug?
Any analysis of Code 53.1-203(5) directing the focus to the "voluntariness" of appellant's entry into the correctional facility would lead to absurd results because it can be reasonably assumed that virtually no one goes to jail voluntarily. Accordingly, we hold appellant's criminal action in this case was failing to dispose and/or reveal the presence of the drugs on his person prior to his transport into the jail facility. Appellant had ample opportunity to reveal the concealed drugs before he was taken inside the jail. However, appellant chose to conceal drugs on his person and then failed to disclose the drugs after being advised of the consequences of bringing drugs into the jail. Under these circumstances, we hold appellant's act of taking drugs into the jail was voluntary.
The court found that based on the legislative history and relevant legal analysis on the issues presented, the conduct prescribed by 53.1-203(5) was one of strict liability. The Commonwealth was not required to show specific intent. Further, where defendant was warned about the consequences of taking drugs into a correctional facility and chose not to disclose the presence of those drugs before entering the facility, the court determined that defendant voluntarily possessed the drugs inside the correctional facility. Finally, the court concluded that defendant's decision not to disclose the presence of drugs did not violate his Fifth Amendment right against self-incrimination.
For these reasons, appellant's conviction for violating Code 53.1-203 is affirmed.
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