The Court of Appeals affirmed Raul Tagle Perez’s (Perez) convictions for conspiracy and trafficking in marijuana. State v. Perez, Op. No. 92-UP-026 (S.C. Ct. App. filed Jan. 22,1992). Perez contends that his convictions must be reversed because venue was not proper in Darlington County and because the police exceeded the scope of their warrantless search of his vehicle. We disagree and affirm.
I. FACTS
On December 13, 1989, a reliable informant told police that a middle-aged Mexican male named Raul was enroute to South Carolina from Texas to deliver an unknown but “large” quantity of marijuana. According to the informant, Raul usually
Police stopped the vehicle and determined that Perez was the driver. Perez and the other occupant, Robert San Miguel (San Miguel), then were arrested for conspiracy to traffic in marijuana. During a warrantless search of the vehicle, police opened a briefcase located in the truck’s passenger compartment and found receipts which indicated that Perez and San Miguel had rented rooms at a motel in neighboring Florence County. Finding no marijuana in Perez’s truck, the officers went to the motel where they found a truck owned by San Miguel. San Miguel consented to a search of the second truck.
Relying on information that the marijuana would be well concealed, police transported San Miguel’s truck to a garage in Darlington County. A specially trained dog was used to determine that marijuana was hidden in a large tank mounted in the bed of the truck. The tank was removed and 87.3 pounds of marijuana were found concealed in its false bottom.
At trial, Perez moved to suppress the marijuana, alleging that it was the fruit of an illegal search of the briefcase. Additionally, Perez contended that jurisdiction was not proper in Darlington County since the truck containing the marijuana was found in Florence County. The trial judge denied Perez’s motions and a jury found him guilty of all charges. Perez appealed.
The Court of Appeals affirmed Perez’s convictions, finding that jurisdiction was proper in Darlington County because Perez had constructive possession of the marijuana while in that county, and that the search was proper because Perez’s briefcase was opened during an inventory of his vehicle.
II. DISCUSSION
Perez first contends that venue for the prosecution of his trafficking charge was improper in Darlington County because the truck containing the marijuana was found and seized in Florence County. According to Perez, venue should be controlled by the location of the contraband. We disagree.
An accused has a right to be tried in the county in which the offense allegedly was committed. State v. Evans, — S.C. —
One basis for Perez’s trafficking in marijuana indictment was his actual or constructive possession of ten or more pounds of marijuana. See S.C. Code Ann. § 44-53-370(e)(l) (Supp. 1992). Possession of illegal drugs, whether actual or constructive, is a continuing offense punishable in any jurisdiction in which it is committed. United States v. Blackston,
Constructive possession is established where a person is aware of the presence of contraband and has the ability to control its disposition. State v. Lewis,
Perez next contends that the marijuana should have been suppressed as the fruit of an illegal search of his briefcase. According to Perez, police could not search his briefcase, even though they had probable cause to search his vehicle, because they could not reasonably have expected the briefcase to contain the entire shipment of marijuana. We disagree.
The scope of a warrantless search of an automobile is defined by the object of the search and the places in which there is probable cause to believe that it may be found. United States v. Ross,
For the foregoing reasons, the opinion of the Court of Appeals is
Affirmed as modified.
Notes
The Police officer who searched Perez’s briefcase gave the following testimony at the suppression hearing:
Q: How much pot did you expect to confiscate?
A: Well, we didn’t know. The information we had, it could be anywhere from 100 to 1100 pounds.
Q: But you weren’t expecting to find that marijuana in his briefcase were you?
A: No, sir. Not at all. Not 1100 pounds.
Q: Well, what did you look in that briefcase for?
A: Well, I didn’t know what was in the briefcase.
Q: Why did you look in the briefcase?
A: Why?
Q: Yes, sir.
A: I’m looking for dope.
