LEROY LORD, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Leroy Lord appeals his conviction for cocaine possession based on a one-dollar bill containing only trace amounts of the drug. The court reverses, holding that mere presence of trace cocaine on a common object with legitimate uses is insufficient to sustain a felony possession conviction.
The court holds that mere presence of trace amounts of cocaine on a common object or implement designed and widely used for legitimate purposes is insufficient to support a felony conviction for cocaine possession. A conviction requires conscious and substantial possession with knowledge of the drug's presence.
[1] Possession of trace amounts of cocaine on an object with a common legitimate use, without more, is insufficient to sustain a felony conviction for knowing possession of c…
[2] To convict for possession of an illegal substance, there must be conscious and substantial possession by the accused, not mere involuntary or superficial possession.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“the ordinary presumption that one has knowledge of drugs in his possession, State v. Medlin, 273 So.2d 394 (Fla.1973), may not apply where there are only trace amounts of drug "lint" or "dust" which we are told, now adhere to almost everything in South Florida.”
Establishes that trace drug residue is so common on currency in South Florida that it does not support a presumption of knowing possession.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceA Monroe County deputy observed Lord bent over a parked car window. When the deputy shined his spotlight and approached, Lord dropped a crumpled one-d…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Conscious And Substantial Possession cases and more on FLexlaw
FERGUSON, Judge.
Lord appeals his conviction and six-year sentence for possession of cocaine based on the discovery, by laboratory testing, that a one-dollar bill he discarded as the police approached contained trace amounts of the drug. We reverse.
The appellant was observed, by a Monroe County deputy sheriff, bent over into the window of a parked car speaking to an occupant. From his police cruiser the deputy shined his spotlight on the appellant, got out of his cruiser and began walking towards him. As the deputy approached, Lord dropped a crumpled one dollar bill. The officer requested and received identification from Lord. After checking the identification, the officer bent down to pick up the dollar bill. Lord fled the scene. Later that evening, the defendant was arrested and charged with possession of cocaine. Laboratory tests confirmed that a white dust allegedly seen on the currency was a microscopic amount of the illegal drug. At trial, there was no testimony that the deputy observed Lord engaged in an illegal drug transaction. The testimony given by the deputy sheriff was that Lord dropped the dollar bill when the spotlight was flashed on him and that it is common for drug dealers and users to carry cocaine rolled-up in dollar bills.
The question presented in this appeal is one we left unanswered in Jones v. State, 589 So. 2d 1001 (Fla. 3d DCA 1991): Whether the possession of an object that has a common legitimate use, which contains trace amounts of cocaine, without more, is sufficient to sustain a felony conviction for knowing possession of cocaine in violation of section 893.13(l)(f), Florida Statutes (1991).
In Jones, cocaine residue was found on a small piece of copper ribbon commonly used for smoking cocaine. We held in Jones that the ordinary presumption that one has knowledge of drugs in his possession, State v. Medlin, 273 So. 2d 394 (Fla.1973), may not apply where there are only trace amounts of drug “lint” or “dust” which we are told, now adhere to almost everything in South Florida. See U.S. v. One Gates Learjet, Serial No. 28004, 861 F. 2d 868 (5th Cir.1988); State v. Dempsey, 22 Ohio St.2d 219, 259 N.E. 2d 745 (1970). This claim is wholly irrelevant in this case, however, in which the cocaine was found on an implement which is usable only for the obviously knowing use of the drug.
Id. at 1002. In this case, unlike in Jones, trace amounts of the drug were found on circulating currency. It has been established by toxicological testing that cocaine in South Florida is so pervasive that microscopic traces of the drug can be found on much of the currency circulating in the area. Margaret Landers, Look Who Has Cocaine, Miami Herald, Feb. 19, 1985, at 1C.
In Florida, it is settled that in order to convict for possession of an illegal sub stance there must be “a conscious and substantial possession by the accused, as distinguished from a mere involuntary or superficial possession.” State v. Eckroth, 238 So. 2d 75 (1970); Reynolds v. State, 92 Fla. 1038, 1041, 111 So. 285, 286 (1926); see also L.J. v. State, 578 So. 2d 360, 361 (Fla. 3d DCA 1991) (possession requires knowledge of the presence of the illicit substance). We hold, accordingly, that the mere presence of trace amounts of cocaine on a common object or implement in possession of an accused, where the object or implement is designed and widely used for other legitimate purposes, is insufficient to support a felony conviction for possession of cocaine in violation of section 893.-13(l)(f), Florida Statutes (1991).
One in possession of a common object containing trace amounts of cocaine may be convicted of possession of drug paraphernalia, a first degree misdemeanor, where there is other evidence that the object was used by the possessor to ingest, prepare for ingestion, transport or facilitate the sale of a usable amount of contraband. Treating the discovery of trace amounts on an object as the basis for a paraphernalia prosecution is more consistent with the purpose of the drug law than charging the defendant with possession of a residue which presents no risk of future use or sale. Jones, 589 So. 2d at 1004 (Ferguson, J., dissenting). Here, the defendant was not charged with the lesser offense.
Reversed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Lupper v. State, 663 So. 2d 1337 (Fla. 4th DCA 1994)…cocaine or drug paraphernalia. Appellant maintains that mere possession of the beer can is consistent with possession of a common object used for the legitimate purpose of recycling aluminum cans. Appellant misplaces his reliance upon Lord v. State, 616 So. 2d 1065 (Fla. 3d DCA 1993), to support this argument. In Lord, the jury convicted the defendant of possession of cocaine based upon evidence of traces of the drug found on a one-dollar bill which the police saw him discard. The Third District [*1339] Court…
-
Andrews v. State, 787 So. 2d 54 (Fla. 2d DCA 2001)…BLUE, Acting Chief Judge. Arthur Andrews appeals the denial of his motion to dismiss the charge of possession of cocaine. He alleges that the basis for the possession was residue found in a glass pipe and, citing to Lord v. State, 616 So. 2d 1065 (Fla. 3d DCA 1993), argues that trace amounts of an illegal drug on a common item support a conviction for possession of paraphernalia, but not a conviction for possession of the drug itself. This case is clearly distinguishable from Lord, where t…
-
Davis v. State, 784 So. 2d 1225 (Fla. 2d DCA 2001)…re the charge was based on her possession of cocaine residue found on a box cutter that was seized from her at the time she was arrested for another offense. We agree that the evidence was insufficient and, therefore, we reverse. In Lord v. State, 616 So. 2d 1065, 1067 (Fla. 3d DCA 1993), the defendant had discarded a crumpled dollar bill as the police approached. White dust on the currency proved to be a trace amount of cocaine. The Third District held that possession of an object that has a common legitima…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Reynolds v. State, 111 So. 285 (Fla. 1926)
- State v. Medlin, 273 So. 2d 394 (Fla. 1973)
- State v. Eckroth, 238 So. 2d 75 (Fla. 1970)
- Avery Jones v. State, 589 So. 2d 1001 (Fla. 3d DCA 1991)
- L.J. v. State, 578 So. 2d 360 (Fla. 3d DCA 1991)
- United States v. ONE Gates Learjet, 861 F.2d 868 (5th Cir. 1988)