Under a 1986 law, a defendant must possess more than five grams of crack to be liable for a prison sentence.

Under this ruling, he argues that the defendant possessed probable cause.

The government must then establish that defendant willfully infringed or, in other words, possessed the necessary mens rea.

The defendant must possess the land or "premises".

The court found that the defendant "possessed a privacy interest in his bag," in which a package of methamphetamine had been found.

"And the defendant possessed no children?"

The state must prove that the defendant received or possessed the property for a dishonest purpose.

No duty was owed, said the court, where the defendant merely possessed material nonpublic information relating to the securities in which he traded.

Alabama came close, White observed, but only when the defendant possessed 10 kilograms of cocaine.

"If the Government's case is taken at face value, the defendant may very well possess information still untransmitted to foreign powers," the judge said.