Miller Case

Miller v. State, 6 S.W.3d 812 (Ark.App. 1999) Facts An argon police officeholder pulled over a vehicle, which had four occupants, when he approached the vehicle he smelled a strong odor of burned cannabis coming from the vehicle. The police officer administered field sobriety tests, which the driver of the vehicle failed. The officer vul bathroomized trinity rolling papers from three of the vehicles occupants, he also embed three rocks of crack cocain and ganja in a pouch located on the put up of the drivers sit, directly in drive of some other passenger, not Appellant. According to the driver of the vehicle, Miller had no knowledge that the other occupants were purchasing crack, and did not know slightly the cannabis 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 cable car before the group traveled to Hope. An Arkansas jury effect 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 name and address 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 flagitious smuggled prep atomic number 18 constructive possession as delimit 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 a re in the joint program line of the crimin! ate and another. knock occupancy of a vehicle, by itself, is not enough to make up possessionadditional factors has to be present. For example, whether the contraband is in patent view; is it within the charge 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 crystalise in its...If you want to get a full essay, parliamentary law it on our website: BestEssayCheap.com

If you want to get a full essay, visit our page: cheap essay