Tampa Defense Attorney on Constructive Possession

Tampa Defense Attorney Constructive Possession Florida
Tampa Defense Attorney reports recent court ruling. Court held it was error to sustain a drug trafficking charge where evidence did not establish that defendant had dominion and control over the drugs in backpack found on the passenger side floorboard of vehicle during a consensual search. The court ruled that the Prosecutor / State Attorney had only established that the defendant knew: (1) methamphetamine was in the car he drove to motel to which police responded as part of an investigation; (2) defendant knew that a second man was going to sell the methamphetamine; and (3) defendant agreed to drive this man to the motel in exchange for a small amount of the drug.

The state is required to prove all elements of the the case when the drugs are not found in the actual physical possession of the person charged. The type of possession in this case was constructive possession since the drugs were found in a car (and not in his pocket).

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Source: 34 Fla. L. Weekly D1707c

Tampa Defense Attorney Constructive Possession