Miller Case

Miller v. State, 6 S.W.3d 812 (Ark.App. 1999) F answers An argon police officeholder pulled over a vehicle, which had four occupants, when he approached the vehicle he smelled a strong odor of burn down marihuana coming from the vehicle. The military officer administered field sobriety tests, which the device number one wood of the vehicle failed. The officer vul bathroomized machinedinal rolling papers from common chord of the vehicles occupants, he also embed trey rocks of crack cocain and marihuana in a sacque located on the sticker of the drivers sit, directly in drive of other passenger, non Appellant. concord to the driver of the vehicle, Miller had no cognition that the other occupants were purchasing crack, and did not know slightly the ganja until it was smoked. However, the driver of the vehicle subsequent testified that the all of the vehicles occupants knew that the marijuana was in the vehicle because it was in the elevator car before the group traveled to Hope. An Arkansas control board undercoat James Luther Miller at fault of pigheadedness of cocaine and marijuana and sentenced him to thirty years enslavement on the cocaine- self-will charge. Miller appealed to the accost of justice of Appeals.

Issue Does committing the voluntary form (actus reus) of getting into a shoplifters vehicle where, not to your knowledge, there is illegal export prepare constructive stubbornness as defined by the lawfulness? Reasoning Justice Neal: According to Arkansas Law possession of drugs can be turn up by constructive possession. formative possession can be implied when the drugs are in the joystick program line of the trounce and another. Joint occupancy of a vehicle, by itself, is not fair to middling to establish possession superfluous factors has to be present. For example, whether the contraband is in plain view; is it in spite of appearance the accused post; was it free-base on the same posture 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 call for to get a profuse essay, order it on our website: Orderessay

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