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The Mayberry Law Firm knows that one moment behind the wheel can change everything. In Baker v. State, No. 1D2024-0407 (Fla. 1st DCA Apr. 2, 2025), the appellate court upheld convictions for three counts of drug possession after officers found narcotics in a car Baker was driving. The ruling offers a clear reminder: prosecutors rely heavily on the doctrine of constructive possession when contraband is not found in your hand or pocket. Understanding that doctrine—and the many ways to refute it—gives you control over your future.

It Started Off as a Traffic Stop…

According to trial testimony, an officer saw Baker roll through a stop sign, activated emergency lights, and began a slow-speed pursuit. Baker stopped, refused to exit, then bolted, sparking a chase that hit 100 mph and ended only when the vehicle became disabled. Police removed Baker, discovered baggies and pills on the rear floorboard, and spotted a backpack with more substances a few inches away. A passenger denied any link to the items.

Those facts set the stage for the prosecution’s claim that Baker “knew” the drugs were present and exercised control over them.

Understanding Constructive Possession in Florida

Possession can be actual or constructive. When officers seize drugs from your pocket, the State argues actual possession. Constructive possession, by contrast, requires proof—beyond a reasonable doubt—of three separate facts:

  1. You knew the contraband was present.

  2. You had the ability to exert dominion and control over it.

  3. You intended to exercise that control.

In shared spaces—cars, living rooms, hotel suites—the State must supply additional evidence tying you, personally, to the narcotics. Florida courts often accept fingerprints, admissions, flight, or exclusive access as that extra link.

How Prosecutors Tied “Plain View” Evidence to Baker

The Baker panel relied on two pillars: “plain view” and “exclusive control.” Because the drugs sat openly on the floorboard of a vehicle Baker drove, the court deemed knowledge and control issues for the jury. The slow chase followed by the sudden high-speed sprint painted Baker as someone with a reason to flee. Together, those facts convinced jurors the substances were his.

Weak Points in the State’s Theory—And How to Exploit Them

The decision might seem one-sided, yet it highlights several cracks you can press:

  • Shared control complicates exclusivity. A passenger occupied the front seat. Cross-examining that witness—or introducing evidence she handled the backpack—could have sown doubt.

  • Distance matters. Items on a back floorboard are farther from the driver than from the front passenger. A clear photo or diagram can help jurors visualize that gap.

  • Fleeing fits many explanations. Fear, suspended licenses, or outstanding traffic warrants may explain sudden acceleration without proving drug knowledge. A defense narrative humanizes the flight and separates it from the contraband.

Five Ways to Challenge Constructive Possession Charges

A smart defense attacks every link in the State’s chain. You can:

  1. Undercut knowledge. If officers found no fingerprints, DNA, or admissions, highlight that absence. Confusion over ownership or sealed containers also weakens the State’s claim.

  2. Contest dominion or control. Show that multiple people had equal or greater access. Rideshare receipts, text messages, or surveillance footage can shift control toward someone else.

  3. Question plain-view claims. Body-cam angles and lighting sometimes exaggerate visibility. Demonstrative exhibits recreate what a driver could realistically see.

  4. Suppress the discovery. An illegal stop or search taints every item seized. Motions under the Fourth Amendment may exclude the drugs altogether.

  5. Move for judgment of acquittal. Even after the State rests, you can argue the evidence fails as a matter of law, forcing a directed verdict. Jurors never deliberate on a count that never reaches them.

Each tactic demands fast action. Witness memories fade, and dash-cam footage can disappear. You strengthen every argument by securing counsel immediately.

Act Now to Protect Your Record and Freedom

Constructive possession may sound abstract, but the sentences are anything but theoretical. Florida’s drug statutes carry steep incarceration terms, driver-license suspensions, and lifelong record damage. By disputing every required element early, you tip the balance toward dismissal, acquittal, or vastly reduced charges.

Ready to Fight? Speak with a Tampa Criminal Defense Lawyer Today

You deserve a defense that refuses to accept assumptions and refuses to quit. The Mayberry Law Firm stands ready to challenge constructive possession cases across Tampa Bay and throughout the Middle District of Florida. Call 813-444-7435 or reach out through our online form for a free, confidential consultation—because quick, decisive action is the surest path to keeping your future in your own hands.

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The rules of evidence are vital to ensuring a fair and just criminal justice system. In Florida, these rules aim to encourage honest testimony and prevent misleading or unfair uses of evidence, particularly in criminal cases where the stakes are high. Among these rules is the prohibition against hearsay, which is generally defined as an out-of-court statement offered to prove the truth of the matter asserted. Hearsay is inadmissible in most cases because the person making the statement is not under oath, cannot be cross-examined, and their demeanor cannot be evaluated by the jury. However, certain exceptions exist, such as statements of identification.

A recent Florida case illustrates the importance of these rules. The defendant, convicted of trespass, attempted second-degree murder, and attempted manslaughter, argued on appeal that written statements accompanying photographs identifying him as the perpetrator were inadmissible hearsay. These statements included detailed accusations and descriptions of the alleged crime, which the defendant contended went beyond mere identification. Despite his objections, the trial court admitted the statements, and he was ultimately convicted based on these and other pieces of evidence.

On appeal, the court reviewed the admissibility of the contested statements. The appellate court agreed that the trial court had erred in admitting the written accusations and descriptions, as they constituted hearsay and were beyond the scope of permissible identification evidence. However, the court upheld the conviction, ruling the error was “harmless” because the improperly admitted evidence was cumulative of other testimony presented at trial. The appellate court reasoned that the jury would have likely reached the same conclusion even without the hearsay statements.

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In Florida, criminal cases often hinge on whether evidence collected by law enforcement can be used in court. A key tool for defense attorneys is the motion to suppress, which aims to have evidence thrown out because it was obtained illegally. While a successful motion to suppress can be a major win for a defendant, it’s important to understand that these victories aren’t always guaranteed. Even favorable rulings can be appealed by the state, and a recent case highlights the importance of having qualified legal representation throughout the entire legal process.

A recent case in Florida highlights these challenges. The defendant was stopped by deputies for operating a motorized scooter in the middle of the road. The officers claimed to detect the odor of cannabis and demanded that the defendant hand over two packs he was carrying. Rather than comply, the defendant fled, abandoning the packs in a hotel parking lot before being apprehended. Upon searching the packs, deputies found cannabis, trafficking amounts of fentanyl, crack cocaine, cash, and other evidence. The defendant argued that the searches were unlawful, asserting that the deputies needed a warrant to examine the contents of the packs. The trial court agreed and granted the motion to suppress the evidence, seemingly handing the defendant a significant legal victory.

However, the state appealed the trial court’s ruling, and the appellate court reversed the decision. The appellate court determined that the defendant lacked standing to challenge the search because he had abandoned the packs while fleeing from law enforcement. Under the law, individuals can only claim Fourth Amendment protections if they have a legitimate expectation of privacy in the area searched or the item seized. By discarding the packs, the defendant forfeited any reasonable expectation of privacy. As a result, the deputies’ search was deemed lawful, and the suppressed evidence was reinstated. With this evidence back in play, the defendant now faces the possibility of significant jail time.

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Mandatory minimum sentences are a critical component of federal criminal law, especially in cases involving drug crimes or child pornography. While they aim to standardize penalties, they often result in disproportionately harsh sentences for offenses that may seem less severe. However, these sentences are not entirely immutable. Legal provisions like the “safety valve” allow eligible defendants to receive sentences below the mandatory minimum. A recent decision by the U.S. Court of Appeals for the Eleventh Circuit sheds light on the complexities of qualifying for this relief.

In this case, a Florida man faced a mandatory minimum sentence for conspiracy to distribute cocaine after law enforcement intercepted a package containing nearly half a kilogram of the drug. Upon his arrest, the defendant admitted his involvement and provided additional details about the drug trafficking operation, including acknowledging that he had orchestrated similar shipments in the past. Following his guilty plea, the government agreed to consider his cooperation for a reduced sentence. However, shortly after entering his plea, the defendant was caught facilitating yet another drug shipment, undermining his earlier cooperation.

At sentencing, the defendant sought to qualify for the safety valve, which allows judges to bypass mandatory minimum sentences if specific criteria are met. One key requirement is the “tell-all” provision, where a defendant must truthfully provide the government with all relevant information about the offense. The defendant submitted a written affidavit shortly before sentencing, claiming to have disclosed all pertinent details. Yet, the district court found that the defendant had omitted significant information about the scope of his activities, such as details about other shipments and co-conspirators.

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State and federal laws have evolved to strictly prohibit and criminalize the possession of child pornography, aiming to protect vulnerable victims and ensure justice. However, with the rise of technology and artificial intelligence, new challenges have emerged, particularly in relation to AI-generated content that mimics child sexual abuse. Lawmakers and prosecutors have struggled to adapt existing laws to these new forms of imagery, which do not involve real children. As a result, there has been legal controversy over whether these AI-generated images should be treated the same as traditional child pornography under the law. In some cases, the constitutionality of these laws has been called into question, raising serious issues for those accused of possessing AI-generated child pornography.

In a recent federal appellate case out of Texas, a defendant challenged his conviction for possession of “an obscene depiction of a child engaged in sexual activity.” The catch? The material in question was not traditional child pornography involving real children, but AI-generated images that appeared to depict children in explicit sexual situations. This defendant’s case highlights the complex legal landscape surrounding AI-generated content and the ways in which prosecutors are trying to use existing child pornography laws to address this new issue.

The man was originally arrested for an unrelated charge, but during the investigation, authorities discovered a computer drive in his possession containing hundreds of AI-generated images. These images, though created digitally, depicted what appeared to be children engaged in explicit sexual acts. No real children were involved in the production of these images, yet the defendant was still charged under child pornography statutes. He was ultimately convicted of the crime, despite his arguments challenging the constitutionality of the law being used against him.

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Many criminal prosecutions in Florida start with something as simple as a routine traffic stop. What might seem like an ordinary interaction with law enforcement can quickly escalate into a much more serious situation based on what is seen or found in the suspect’s vehicle. For instance, an officer might pull someone over for a minor traffic violation, and upon approaching the car, notice something suspicious that leads to further investigation, such as the discovery of drugs or firearms. What begins as a straightforward stop can turn into charges for DUI, drug possession, or even more serious crimes like illegal firearm possession.

One case that illustrates this began with what seemed to be a minor traffic violation. The driver accelerated in front of another vehicle while in a turn-only lane at an intersection. While this may not sound significant, Florida law actually prohibits drivers from cutting in front of traffic from a turn-only lane, which many law-abiding drivers might not even realize. In this case, the driver’s motion to suppress the evidence discovered in his car was initially granted by the trial court, meaning the evidence couldn’t be used against him in court. However, the state appealed, and upon review, the appellate court found that the stop was justified under Florida law, which defines careless driving as any maneuver that might endanger other people or property. This ruling reversed the lower court’s decision, and as a result, the prosecution against the driver will now proceed.

The real issue in cases like this isn’t necessarily the specific law about turning at intersections. The bigger problem is how law enforcement officers often use minor traffic violations as a reason to stop a vehicle, get close to the driver, and look for other signs of illegal activity, such as DUI or drug use. In Florida, officers frequently stop drivers for small infractions that many people may not even be aware of, like improperly changing lanes or forgetting to signal. These stops are then used as opportunities to conduct more extensive investigations. Because of this, it’s important for drivers to be diligent and understand Florida’s traffic laws to avoid giving officers a reason to pull them over. However, even the most careful drivers can still find themselves in situations where they are stopped, sometimes for reasons beyond their control.

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Hearsay is a term that often comes up in legal discussions, especially in criminal cases. In simple terms, hearsay is any statement made outside of court that is presented in court to prove the truth of the matter asserted. While this type of evidence can sometimes provide valuable insights, it is often considered unreliable. Hearsay does not allow the opposing side to cross-examine the person who originally made the statement. In Florida, hearsay evidence is generally not admissible in criminal prosecutions, with certain exceptions. These exceptions become particularly contentious in cases of child sex abuse, where children’s statements may be the primary or only evidence available. However, children are vulnerable to manipulation and often have unreliable memories, making hearsay in these cases a double-edged sword. Recently, a Florida court of appeals addressed the use of child hearsay testimony in a criminal prosecution.

The case involved the arrest and prosecution of a man accused of sexually abusing his stepdaughter. The allegations were serious: two counts of sexual battery and one count of lewd or lascivious molestation, all involving a victim under the age of twelve. The case began when the stepdaughter reported to her mother that her stepfather had touched her inappropriately during visits to his house. This revelation came two years after the alleged abuse had ended. The mother discovered pornography on the child’s phone, and when she confronted her daughter, the child broke down and disclosed the abuse. The testimony that formed the crux of the prosecution’s case came from statements the child made during interviews with law enforcement officers and a child protection specialist.

Before the trial, the defendant objected to the use of these statements, arguing that they were hearsay and should be excluded. However, the trial court ruled that the testimony was admissible under Florida’s legal standards for hearsay exceptions. The court noted that the child’s statements were consistent across multiple interviews and were given in response to open-ended questions. The trial court found these factors provided enough safeguards to deem the testimony reliable.

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The U.S. Constitution protects individuals from being compelled to incriminate themselves during a criminal investigation, a right commonly known as “Miranda rights” after the landmark Supreme Court case Miranda v. Arizona. These rights require that individuals be informed of their right to remain silent and their right to an attorney before any custodial interrogation. Florida, like all states, must adhere to these federal guidelines but also interprets Miranda issues through its state courts. Recently, a Florida court addressed an appeal filed by prosecutors after a trial court suppressed evidence obtained from a defendant who had requested an attorney.

In this particular case, the defendant was arrested on suspicion of second-degree murder and taken into police custody. During the interrogation, after being read his Miranda rights, the defendant, visibly upset and crying, mumbled, “I think I should have a lawyer.” Instead of halting the questioning, the officer continued to explain that the defendant could start talking and stop if he felt mistreated. The defendant then asked if he could get a lawyer later, to which the officer agreed. The defendant subsequently waived his Miranda rights and signed a written waiver. During the ensuing 45-minute interrogation, he made several incriminating statements without attempting to invoke his Miranda rights again.

The trial court found that the defendant’s statement about needing a lawyer was sufficient to invoke his right to counsel and thus granted the motion to suppress all statements made during the interrogation. The state appealed this ruling, arguing that the defendant’s request for a lawyer was not clear and unequivocal, and therefore, the evidence should not have been suppressed.

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Allegations of criminal threats through electronic means have increased with the proliferation of social media and digital communication platforms. Interpreting electronically communicated threats can be difficult for authorities as well as potential victims. A notable case recently heard by a Florida appellate court involved a juvenile who was convicted for sending an electronic threat via a text message that included an emoji. The juvenile in question was charged with making threats after a series of direct messages on Instagram, which were deemed threatening by the prosecution, although the juvenile’s lawyers on appeal have argued that he did not have the requisite intent to be convicted of the crime.

The case involved a heated exchange between three students on Instagram. The conflict started when one student posted a video expressing admiration for the defendant, which led to a series of threatening messages. Both the defendant and their significant other participated in the conversation using the defendant’s Instagram account. The most controversial part of the exchange was when one student sent a gun emoji along with the phrase “ima run from 22” to the other student involved in the argument. This digital communication resulted in the defendant’s arrest and subsequent charge for making electronic threats under Florida law, which makes it a crime to send threats through written or electronic communication. The prosecution argued that the gun emoji, combined with the context of the messages, constituted a credible threat.

After being found guilty and sentenced to five years of probation, the defendant appealed the conviction, arguing that the trial court applied the wrong legal standard and that the prosecution failed to prove he had the requisite intent to make a threat. The defendant contended that the trial should have considered whether he had specific intent to threaten, rather than general intent. However, the appellate court ruled against him, finding that the issue of intent was not properly preserved for appeal. The court noted that during the trial, the defendant’s defense did not clearly argue the necessity of proving specific intent, and thus, the appellate court could not review this claim. The court emphasized that for an appeal to succeed, any objections or legal arguments must be explicitly raised and ruled upon during the trial, which did not occur in this case.

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In Florida, criminal defendants can face significant challenges during their trials, particularly when police testimony exceeds the boundaries set by prosecutors’ questions. Such overreaching testimony can unfairly influence a jury, leading to potentially unjust outcomes. Recently, a Florida court of appeals addressed a defendant’s challenge regarding broad police testimony, discussing how such situations are handled and when a mistrial might be considered versus when a curative jury instruction can be deemed sufficient.

According to the facts discussed in the recently published opinion, the case involved a defendant charged with trafficking methamphetamine after an undercover operation. The undercover officer arranged a controlled buy, during which the defendant sold him 14 grams of methamphetamine. At trial, the defendant admitted to the sale but claimed entrapment, arguing he was coerced into selling a larger quantity than he intended. Despite his defense, the jury convicted him of trafficking.

On appeal, the defendant argued for a mistrial based on the undercover officer’s testimony, which he claimed went beyond the scope of the questions asked and included personal interpretations of his statements. The defense objected to parts of the recording from the controlled buy, citing the irrelevance and potential prejudice of the officers’ crosstalk. They contended that these elements unfairly impacted the jury’s view of the evidence.

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Phone: (813) 444-7435

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