Can't disagree here. I mainly practice civil, but have handled quite a few of these as well.
This has always been like a totality of the circumstances charge that ordinarily begins with quantity by statute. PROVING an intent to distribute by simply showing an amount and a potential means to do so.....not proving jack **** to me.
Now, client comes to me stating that the cops found 4 pounds, 8 scales, 150 baggies with residue, etc.....ok, maybe we have a little more evidence to back up an intent to distribute. To me though, the only solid evidence would be undercover cop camera showing the defendant selling, though that can be dealt with as well.
REGARDLESS, the real problem in this story is that at Arkansas apparently, they teach you to permit an otherwise inconceivable search on your home when you are busted in your car?!?! WTF was he thinking?
UM