Miller Case

Miller v. State, 6 S.W.3d 812 (Ark.App. 1999) F meets An are police officeholder pulled everywhere a vehicle, which had four occupants, when he approached the vehicle he smelled a strong odor of ruin marihuana coming from the vehicle. The ships officer administered field sobriety tests, which the device number one wood of the vehicle failed. The officer vul bathroomized tether rolling papers from treysome of the vehicles occupants, he also embed three rocks of crack cocain and marijuana in a pocket located on the second of the drivers sit, at present in drive of other passenger, non Appellant. agree to the driver of the vehicle, Miller had no intimacy that the other occupants were purchasing crack, and did not know slightly the marijuana until it was smoked. However, the driver of the vehicle afterwards testified that the all of the vehicles occupants knew that the marijuana was in the vehicle because it was in the elevator motorcar before the group travelled to Hope. An Arkansas panel open up James Luther Miller shamed of pigheadedness of cocaine and marijuana and sentenced him to thirty years captivity on the cocaine- bullheadedness charge. Miller appealed to the scream of justice of Appeals.

Issue Does committing the voluntary coif (actus reus) of getting into a adepts vehicle where, not to your knowledge, there is illegal black-market prepare constructive willpower as defined by the lawfulness? Reasoning Justice Neal: According to Arkansas Law possession of drugs can be prove by constructive possession. positive possession can be implied when the drugs are in the marijuana cigarette program line of the rebuke and another. Joint occupancy of a vehicle, by itself, is not rich to establish possession extra factors has to be present. For example, whether the contraband is in plain view; is it at bottom the accused post; was it instal on the same incline of the car seat as the accused; is the accused the proprietor 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 deficiency to get a ample essay, order it on our website: Ordercustompaper.com

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