![]() ![]() § 2901.21(A) requires that the act exhibit both a culpable mental state, defined by O.R.C. The Court of Appeals, however, pointed out that when a criminal act is done "knowingly," O.R.C. The State of Ohio argued that when Sowry answered "No" to the booking officer's question whether he had any drugs on him, he at that point, because he knew the drugs were in his pants pocket, "knowingly" conveyed the drugs into the jail. Sowry was convicted and sentenced to one year in prison, from which he promptly appealed. ny drug of abuse as defined in section 3719.011 of the Revised Code." (Section 3719.011 defines marijuana as a "drug of abuse.") At the end of trial, Sowry moved for acquittal on grounds that the evidence was insufficient to sustain a conviction. Sowry was charged with a violation of Ohio Revised Code (O.R.C.) §2921.36(A)(2), which states "No person shall knowingly convey, or attempt to convey, onto the grounds of a detention facility. Sowry answered "No." However, a search of his pants during booking uncovered a baggie of marijuana. A pat-down search revealed no weapons or contraband, and Sowry was transported to the Miami County Jail.Īt the jail Sowry was asked if he had any drugs on him. Stephen Sowry was arrested on charges of disorderly conduct and resisting arrest. The Ohio Second District Court of Appeals has held that an arrestee cannot be charged with knowingly conveying drugs onto the grounds of a detention facility. Share: Share on Twitter Share on Facebook Share on G+ Share with email
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