S.C. Supreme Court reverses conviction for failure to show actual dominion over drugs seized

In State v. Heath, the Supreme Court held that the State failed to present evidence that Heath was in constructive possession of the cocaine found outside his mother's house and thus should not have been convicted of trafficking. The police discovered crack in a car-washing mitt in a recycling bin outside near the back door of the house. The State presented no direct or circumstantial evidence linking Heath to the 43.48 grams of crack. Heath lived in the home where the crack was found, but the home was owned by his mother. As a result, the Court held, it was arguable that Heath merely had a right to access the area where the crack was found, not actual dominion and control of the property.