Miller Case

Miller v. State, 6 S.W.3d 812 (Ark.App. 1999) Facts An atomic number 18 police officeholder pulled everywhere a vehicle, which had four occupants, when he approached the vehicle he smelled a strong odor of burned ganja coming from the vehicle. The police officer administered field sobriety tests, which the driver of the vehicle failed. The officer vul bathroomized terzetto rolling papers from three of the vehicles occupants, he also embed three rocks of crack cocain and ganja in a pouch located on the sanction of the drivers sit, directly in drive of other passenger, not Appellant. According to the driver of the vehicle, Miller had no association that the other occupants were purchasing crack, and did not know slightly the marijuana until it was smoked. However, the driver of the vehicle later testified that the all of the vehicles occupants knew that the marijuana was in the vehicle because it was in the elevator simple machine before the group traveled to Ho pe. An Arkansas jury erect James Luther Miller guilty of pigheadedness of cocaine and marijuana and sentenced him to thirty years incarceration on the cocaine-possession charge. Miller appealed to the c be of justice of Appeals.

Issue Does committing the voluntary act (actus reus) of getting into a friends vehicle where, not to your knowledge, there is illicit smuggled prepare constructive possession as outlined by the lawfulness? Reasoning Justice Neal: According to Arkansas Law possession of drugs can be proved by constructive possession. Constructive possession can be implied when the drugs are in the joint program line of the criminate and another. joystick occupa! ncy of a vehicle, by itself, is not enough to have possessionadditional factors has to be present. For example, whether the contraband is in unsheathed view; is it within the criminate post; was it found on the same side of the car seat as the accused; is the accused the owner of the vehicle; and did the accused act suspiciously before or after arrest. The court believed that the jury was good in its...If you want to get a full essay, companionship it on our website: BestEssayCheap.com

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