The old ‘Not my pants’ defense…

James Edwin White, 30, of Grove City, FL

James Edwin White

A Grove City man was arrested Monday for possession of a controlled substance for pills in his pocket, but he says they aren’t his pants!  According to officers, James Edwin White claims he just threw on his uncle’s pants and didn’t know the pill was in there.  Officers also found a straw, consistent with those used to snort crushed pills.  He’s innocent until proven guilty, and he has a viable defense.  It sound silly, and he is presumed to have knowledge of the pills since they were in his actual possession, but that presumption is rebuttable.  If he can demonstrate the pants weren’t his, the prosecution will have difficulty proving knowledge of the pills.  I have heard of the ‘not my pants’ defense working on occasion.

2 responses to “The old ‘Not my pants’ defense…

  1. Totally viable and happens all the time… except in Kennebunk, ME where people allegedly where too many clothes.

  2. Pingback: Lady has Drugs in Her, Ahem… Private Area – Claims they Aren’t Hers! | crimcourts : A Criminal Law Blog

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