Tampa Criminal Lawyer Blog
The Mayberry Law Firm defends people accused of drug crimes and other felonies across Tampa Bay, and you deserve a clear read on what recent decisions mean for your case. A new opinion from Florida’s Second District shows how prosecutors use a traffic stop, a K-9 alert, and your own words to prove constructive possession in a shared car. If officers pulled you over and later claimed the items near your seat were yours, this case explains what the State must show and how you can fight back.
What Happened During the Stop
Deputies stopped a car in Pasco County and ran a K-9 around it. The dog alerted. A search followed. Inside the passenger footwell, at the rider’s feet, deputies found a black case. That case held methamphetamine, fentanyl, a glass pipe, a small baggie, and a cut straw. After receiving Miranda warnings, the passenger answered questions about “the black case between your feet.” He denied selling drugs, yet admitted he had just bought “that meth” and even named a price. The State charged trafficking in meth, possession of fentanyl, and possession of paraphernalia. These facts set the stage for a courtroom fight over constructive possession and a defense request for a judgment of acquittal.
Why The Court Upheld The Conviction
The defense argued that the State only proved proximity. In Florida, proximity inside a shared car does not equal guilt. The appellate court disagreed because the record contained independent proof that tied the passenger to the narcotics. The black case sat at his feet. The case contained a straw, and he admitted using a straw to smoke. Most importantly, he confirmed he had just bought the meth inside the case. When the State pairs location with incriminating statements and matching paraphernalia, judges usually find enough to send the case to the jury. That is exactly what happened here.
What The State Must Prove In A Shared Car
You often hear “constructive possession” after a car search. It means the State did not find drugs in your pocket or your hand, so prosecutors try to show two things. First, that you knew contraband was present. Second, that you could exercise control over it. In a jointly occupied vehicle, the State cannot rely on closeness alone. Officers need independent proof, such as admissions, fingerprints, DNA, text messages, or other circumstances that link you to the item. The ruling illustrates that an admission, even a short phrase like “I just bought that,” can become the missing link.
How You Push Back Against Constructive Possession
You can still beat a constructive possession theory when you act quickly and attack each piece of proof. These steps show how to build pressure on the State.
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Challenge the stop and the sniff. If the stop lacked a valid basis or the K-9 deployment violated policy, a judge can suppress everything found afterward.
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Contest the search timeline. Probable cause must exist before the search began. Body-cam and dash-cam video can reveal when the alert occurred and who opened what.
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Target the admissions. If officers questioned you before Miranda, or if the waiver was unclear, a court can exclude your statements. Without those words, the State loses its independent proof.
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Test the forensics. Re-weigh alleged meth to confirm trafficking thresholds. Re-test for fentanyl to rule out cross-contamination. Small lab errors can collapse a top count.
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Press the “control” element. Show that multiple people used the car, owned the bag, or had equal access to the area. Rideshare receipts, texts, and surveillance help.
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Use the paraphernalia details. If the straw or pipe was clean, or if residue did not match the charged drug, highlight that mismatch to undercut the link.
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Argue for a partial win. Even if one count survives, you can seek a directed verdict on others where proof is thin, reducing sentencing exposure.
Each move narrows the State’s case, shifts leverage in plea talks, and positions you for dismissal or a defense verdict.
What To Do After A Traffic Stop
Your choices in the first week make or break future motions. Save every text thread, note who rode in the car recently, and list potential witnesses. Photograph the interior from your seat to capture distance and visibility. Request tow slips and property receipts to catch inventory mistakes. Write down exactly what officers said about the dog alert and the case location. Refuse interviews until counsel is present. These steps create a fact record that beats assumptions.
How This Decision Affects Your Case
The opinion does not say proximity alone proves guilt. It says admissions plus proximity and matching items can be enough to reach a jury. That matters when prosecutors claim “you knew” simply because a container sat near your shoes. If the State lacks your words or any forensic tie, constructive possession gets shaky in a hurry. Your defense goal is to remove the independent link, whether by suppressing statements, exposing sloppy lab work, or proving someone else had control.
Talk To A Tampa Criminal Defense Lawyer Today
A car search does not have to end your case. The Mayberry Law Firm will audit the stop, the K-9 deployment, the search sequence, and every alleged admission. Then we file targeted motions that aim to suppress evidence, narrow charges, and cut sentencing risk. Call 813-444-7435 or reach out through our contact form for a free and confidential review. Fast action today protects your record, your finances, and your future.