Legal Question in Criminal Law in South Carolina

Question on arrest

An arrest was made where a driver had illeagal substances on thier person. There is a question to the legality of the search. A passenger in the car was also arrested. The passenger had no drugs and did not claim to know of any drugs being in the car. Field test showed no signs of drugs in the passenger. The officer told him, 'the hand of one touches many...' and that was the reason he was being associated and charged with possession. The driver never implicated the passenger as the actual owner of the drugs nor did the driver say they purchased the drugs from the passenger. In the state of south carolina- is there a law that allows for the passenger's arrest? and is there a precedent for the 'hand of one...' statement offered? your help will be greatly appreciated.

-x


Asked on 4/10/06, 1:41 pm

1 Answer from Attorneys
Robert Johnston Law Offices of Robert J. Johnston

Re: Question on arrest

There is "actual" and "constructive" possession. Actual is when it is in the possession of one person. Constructive is when a person had access to it, for example, it was in the glove box. It does not sound like the passenger should have been arrested. Your welcome to call if you have any other questions. Robert J. Johnston

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Answered on 4/10/06, 1:51 pm


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