State v. Jackson, 717 S.E.2d 609

Jackson was a passenger in a car driven by Nicholas Davy stopped on I-85 in Spartanburg County for allegedly impeding traffic; radar indicated 54 mph in a 60 mph zone during rush hour.
The officer smelled marijuana upon approaching the vehicle and questioned Davy and Jackson separately while processing a warning.
A K-9 alert led to a search revealing four clear bags of marijuana located under the center console between the front seats.
Jackson and Davy were each charged with possession with intent to distribute (PWID) marijuana; they were tried jointly, though Davy did not appear at trial.
The trial court concluded probable cause existed to stop based on alleged traffic flow impairment under SC Code § 56-5-1560, and denied Jackson’s directed verdict motion.
Jackson testified he had known Davy only briefly, and stated Davy was driving with a suspended license; the State argued knowledge or dominion over the drugs could be inferred from the circumstances.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Was there sufficient evidence of possession and knowledge to submit to the jury?	Jackson argues mere presence cannot support possession.	State contends circumstantial evidence shows dominion and knowledge.	No; directed verdict should have been granted in Jackson’s favor.

State v. Hudson, 277 S.C. 200 (1981) (constructive possession may be shown by circumstantial evidence; possession requires dominion and control)
State v. Hernandez, 382 S.C. 620 (2009) (knowledge of drugs can be proven by acts, declarations, or conduct; mere suspicion insufficient)
State v. Brown, 267 S.C. 311 (1976) (lack of ownership or control evidence defeats possession; relied on factors not tying Brown to contents)
United States v. Blue, 957 F.2d 106 (4th Cir. 1992) (insufficient evidence beyond movements and discovery to prove possession; must link defendant to the item)