Today the Ohio Supreme Court in State v. Cargile, 2009-Ohio-4939, ruled that even though Cargile involuntarily entered the jail, he voluntarily conveyed drugs into the jail. The drugs were in the cuff of his pants when he was arrested for two robberies. The State failed to get their convictions on the robberies so all they had was their illegal conveyance of drugs onto the grounds of a detention facility for which Cargile got two years. The Ohio Supreme Court said Cargile did not have to take the drugs with him and he could have told officers about the drugs when asked. So instead of a minor misdemeanor for possessing 2.1 grams of marijuana, Cargile got hit for a third degree felony illegal conveyance of a prohibited item onto the grounds of a detention facility.
The Ohio Supreme Court said, "we hold that a person who is taken to a detention facility after his arrest and who possesses a drug of abuse at the time he enters the facility meets the actus reus requirement for a violation of R.C. 2921.36(A)(2)" as you can read by clicking here and you can watch the oral argument by clicking here.
