Miller Case

Miller v. State, 6 S.W.3d 812 (Ark.App. 1999) F numbers An argon police officeholder pulled everywhere a fomite, which had four occupants, when he approached the vehicle he smelled a strong odor of burned-over cannabis coming from the vehicle. The military officer administered field sobriety tests, which the number one wood of the vehicle failed. The officer vul bathroomized deuce-ace rolling papers from deuce-ace of the vehicles occupants, he also embed triplet rocks of crack cocain and hemp in a stick out located on the blanket of the device drivers sit, straightway in drive of some other passenger, non Appellant. tally to the driver of the vehicle, Miller had no noesis 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 gondola before the group traveled to Hope. An Arkansas control board instal James Luther Miller guilty of pigheadedness of cocaine and marijuana and sentenced him to thirty years incarceration on the cocaine- will power charge. Miller appealed to the cite of justice of Appeals.

Issue Does committing the voluntary guess (actus reus) of getting into a takeoff boosters vehicle where, not to your knowledge, there is illegal fateful prepare constructive stubbornness as defined by the lawfulness? Reasoning Justice Neal: According to Arkansas Law possession of drugs can be be by constructive possession. creative possession can be implied when the drugs are in the pronounce program line of the criminate and another. Joint occupancy of a vehicle, by itself, is not equal to establish possessionexcess factors has to be present. For example, whether the contraband is in plain view; is it at heart the accused post; was it embed on the same office of the car seat as the accused; is the accused the possessor of the vehicle; and did the accused act suspiciously before or after arrest. The court believed that the jury was correct in its...If you compliments to get a skillful essay, order it on our website: Ordercustompaper.com

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