Legal Question in Criminal Law in Florida

Re: Constructive Possession

Constructive possession basically means that it was not on your person, but in your "sphere of influence" or access. As it happens, my practice is about 70 percent in Broward county. Unfortunately, some of our "honest" officers will often say pretty much anything within reason to make a stop seem legal (surprise surprise), including perhaps stating that you gave them consent to search. Your case may be ripe for a motion to suppress (throw out) the evidence. Feel free to call me at (954)478-9048 to discuss this further.

Re: Constructive Possession

You have several issues in your case.

In constructive possession cases, defendants need not be in actual possession of a drug but be charged with possession of the drug. Also, individuals may be charged with constructive possession of different drugs at the same time, so that each quantity might be prosecuted successively.

Your case is intereting as you told the officer that you would not allow him to search your car. There are certain issues that need to be addressed.

Feel free to give me a call at 561-302-5325 for a free consultation about your case.

Re: Constructive Possession

Constructive possession is just when the item is not actually on your person such as in a glove box, floor board, closet shelf etc. You have tons of challenges to that arrest- hire a lawyer.

Florida Law on Constructive Possession

Here are the Standard Jury Instructions on Constructive Possession:

DRUG ABUSE POSSESSION F.S. 893.13(1)(f)

Certain drugs and chemical substances are by law known as "controlled substances." (Specific substance alleged) is a controlled substance.

Before you can find the defendant guilty of (crime charged), the State must prove the following three elements beyond a reasonable doubt:

Elements

1. (Defendant) possessed a certain substance.

2. The substance was (specific substance alleged).

3. (Defendant) had knowledge of the presence of the substance.

Definition

To "possess" means to have personal charge of or exercise the right of ownership, management or control over the thing possessed.

Possession may be actual or constructive.

Actual possession means

(a) the thing is in the hand of or on the person, or

(b) the thing is in a container in the hand of or on the person, or

(c) the thing is so close as to be within ready reach and is under the control of the person.

Give if applicable

Mere proximity to a thing is not sufficient to establish control over that thing when the thing is not in a place over which the person has control.

Constructive possession means the thing is in a place over which the person has control, or in which the person has concealed it.

Give if applicable ? See Chicone v. State, 684 So.2d 736 (Fla. 1996).

If a thing is in a place over which the person does not have control, in order to establish constructive possession the State must prove the person's (1) control over the thing, (2) knowledge that the thing was within the person's presence, and (3) knowledge of the illicit nature of the thing.

Possession may be joint, that is, two or more persons may jointly have possession of an article, exercising control over it. In that case, each of those persons is considered to be in possession of that article.

If a person has exclusive possession of a thing, knowledge of its presence may be inferred or assumed.

If a person does not have exclusive possession of a thing, knowledge of its presence may not be inferred or assumed.

Note to Judge: 1. If the defense seeks to show a lack of knowledge as to the nature of a particular drug, an additional instruction may be required. See State v. Medlin, 273 So.2d 394 (Fla. 1973).

2. Note F.S. 893.13(1)(g) if the charge involves possession or delivery without consideration of not more than 20 grams of cannabis.

Please call me toll free 1-877-793-9290 to discuss how we can help.

W.F. Casey Ebsary, Jr.

Attorney and Counselor at Law

112 South Magnolia Avenue

Tampa, Florida 33606

813.222.2220 Voice

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