Legal Question in Criminal Law in Florida

As long as the prescription was found in an area covered by the search warrant, and assuming the warrant itself was valid, law enforcement can charge you with illegal possession of the medication. The more important question is if you were truly in unlawful possession of the prescription. In Florida, the State can proove Possession by showing either Actual Possession or Constructive Possession. Actual Possession is self explanatory...in your hand, on your person, in your pocket. If there is no Actual Possession, the State needs to show that your knew about the presence of the contraband, and that you excerted some control and dominion over it. If the contraband is found in an area that is not in your exclusive control (areas that other people had access to) the State needs something other than just your close proximity to the meds. If a friend or relative simply left their medication at your house, you are propably not in unlawful possession of it. If that is the case, your attorney should be able to get an affidavit from the owner of the meds explaining its presence in your home, and should then have little trouble getting the charges dismiss or declined by the prosecution.