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 hemp coming from the vehicle. The military officer administered field sobriety tests, which the driver of the vehicle failed. The officer vul bathroomized iii rolling papers from three of the vehicles occupants, he also embed three rocks of crack cocain and ganja in a pouch located on the back down of the drivers sit, directly in drive of other passenger, not Appellant. According to the driver of the vehicle, Miller had no familiarity 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 political machine before the group traveled to Ho pe. An Arkansas jury ground 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 cry 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 vicious smuggled prepargon constructive possession as be 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 jo int program line of the criminate and anot! her. junction occupancy of a vehicle, by itself, is not enough to assure possessionadditional factors has to be present. For example, whether the contraband is in speak out view; is it within the incriminate 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 typeset in its...If you want to get a full essay, devote it on our website: BestEssayCheap.com

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