Simply Being Around Drugs May Not Make You Liable for Possession

Have you been arrested for drug possession under circumstances that seem unfair? Perhaps the drugs we discovered in a home you don’t own, a friend’s car, or an area shared by others. If so, you might not be liable. Florida law on drug possession is strict, with severe consequences like heavy fines, probation, or even jail time. As such, if you are charged with drug possession but were simply around the drugs and unaware of their presence in that location or that they belonged to someone else, it is critical to work with a skilled defense attorney to fight those charges. Your defense attorney can argue that you had no knowledge of the substances and, therefore, shouldn’t be held responsible.

The Case of Dion Johnson v. State of Florida

To illustrate this, let’s take the case of Dion Johnson v. State of Florida. Mr. Johnson was visiting someone else’s home when a SWAT team executed a search warrant. The house was known for frequent visitors, and there were others present during Mr. Johnson’s visit. At the time of the raid, Mr. Johnson was sitting in the living room while the drugs in question were discovered in the bedrooms.

The drugs, identified as substituted cathinones (related to amphetamines), were found in baggies tied in a specific way. The only piece of evidence directly linking Mr. Johnson to the home was his cell phone. On the phone, police found a photograph taken two days prior, showing six baggies containing unidentified items tied similarly to the ones seized from the bedrooms. The baggies in the photo were on the kitchen counter of the same house.

Despite this evidence, there were no drugs found in Mr. Johnson’s immediate vicinity, nor was there any proof that he owned or controlled the substances. The prosecution argued that the photograph on his phone connected him to the drugs, but Mr. Johnson’s defense countered that simply being in the house and having a photo on his phone did not establish possession.

At trial, Mr. Johnson’s lawyers sought acquittal, arguing the photograph on his phone was insufficient evidence. Despite this, he was convicted under Florida Statute 893.135(1)(k) for trafficking ten grams or more of a substituted cathinone and sentenced to 15 years in prison. The conviction relied on constructive possession, requiring proof that he knew about the drugs and had control over them. Joint possession demanded independent evidence beyond mere proximity.

The appellate court finally ruled in Mr. Johnson’s favor, citing insufficient evidence to prove that he had knowledge or control of the drugs. Florida law requires more than just proximity to drugs to establish possession. The prosecution must show that the defendant knowingly exercised control over the substances. In Mr. Johnson’s case, there was no proof that he was aware of the drugs in the bedrooms, let alone that he had control over them.

This ruling demonstrates that proximity or mere presence near drugs is not enough to convict someone of possession. There must be a clear link between the individual and the drugs, proving beyond a reasonable doubt that the person had knowledge and control of the substances.

Contact Our Orlando Drug Possession Lawyer Today

If you have been charged with drug possession in Florida, our experienced Orlando drug possession lawyer at Joshi Law Firm, PA, can help discuss your options to achieve the best possible results. Contact us at 844-GO-JOSHI or online today.

Source:

casetext.com/case/johnson-v-state-12223061