MATTHEW BUITRAGO, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 2007-03-14
No. 4D05-3379
GROSS and TAYLOR, JJ., concur.
950 So. 2d 531 Florida District Court of Appeal, Fourth District (2007) Positive Treatment
Cited by 6 cases

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Synopsis

Matthew Buitrago was convicted of cocaine possession after officers found drugs and cash on him during a traffic stop. The Fourth District Court of Appeal reversed, holding that evidence of the cash was irrelevant and prejudicial because it suggested Buitrago committed the uncharged crime of drug dealing.


Holding

Evidence of cash found on a defendant in a simple possession case is irrelevant and inadmissible because it does not tend to prove possession of drugs and improperly suggests the defendant committed the uncharged crime of drug dealing. The conviction must be reversed and a new trial granted.


Headnotes

[1] Evidence of cash found on a defendant is not relevant to the crime of possession and may suggest guilt of an uncharged crime.

[2] A prosecutor's argument that cash found on a defendant proves knowledge of drugs, by matching the amount of cash to the street value of drugs, is improper.

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Key Quotes

“The inference that a possessor of drugs would carry a large amount of cash is not necessarily accurate; many users are chronically cash poor, since so much of their income goes for drugs.”

Establishes the core legal principle that cash possession does not probatively show drug possession

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Facts & Procedural History

Officers conducted a traffic stop of Buitrago's vehicle and found a clear plastic baggie containing cocaine on the driver's side floorboard. A search …

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Opinion of the Court
WARNER, J.

WARNER, J.

Appellant, Matthew Buitrago, was convicted of possession of cocaine. During his trial the state was allowed to introduce into evidence the amount of money that the defendant had in his pockets. Under similar circumstances, we have held that cash found on a defendant is not relevant to the crime of possession and tends to suggest that the defendant may be guilty of a crime not charged. See Ferguson v. State, 697 So. 2d 979 (Fla. 4th DCA 1997). We therefore reverse.

The evidence at trial revealed that officers executed a traffic stop of a vehicle driven by Buitrago and containing a passenger. On the driver’s side floorboard, the officers noticed a clear plastic baggie containing a white powder which proved to be cocaine. Buitrago was arrested and searched, revealing $400 in one pocket and slightly over $400 in the other. Buitrago objected to the introduction of the evidence regarding the money on the ground that it was irrelevant in a simple possession case, but his objection was overruled. Over objection, one of the officers testified that the quantity of drugs found had a street value of around $400.

In closing argument, over objection, the prosecutor argued that the money in Bui-trago’s pockets proved that Buitrago had knowledge of the drugs, because the amount of money matched up to the amount of drugs found. The prosecutor farther stated, “Mr. Buitrago didn’t have a chance to finish his drug deal.” The jury found Buitrago guilty as charged. The court adjudicated him guilty and sentenced him, prompting this appeal.

Buitrago claims, as he did in the trial court, that the evidence of the money found in his pocket was not only irrelevant but prejudicial in that it suggested that Buitrago may have been guilty of a crime with which he was not charged. We agree.

This case is controlled by Ferguson v. State, 697 So. 2d 979 (Fla. 4th DCA 1997). In Ferguson, deputies observed a group of men huddled together in a dimly lit portion of the parking lot. One deputy saw Ferguson step away from the group and drop a clear plastic bag. The deputies retrieved the bag, which contained cocaine, and arrested Ferguson. A search uncovered $701 in cash in his pocket. Prior to trial, the defense moved in limine to exclude evidence of the money, arguing that it was not probative of possession. The court denied the motion. In closing argument, the prosecutor contended the cash was probative of possession of the cocaine by insinuating that Ferguson was a drug dealer. On appeal, we noted that possession of a large amount of cash does not tend to prove a contemporaneous possession of drugs. We reasoned, “The inference that a possessor of drugs would carry a large amount of cash is not necessarily accurate; many users are chronically cash poor, since so much of their income goes for drugs.” Id. at 981. The evidence of the money allowed the state to use the theory that Ferguson was a drug dealer, a crime with which he had not been charged. See also Jackson v. State, 570 So. 2d 1388 (Fla. 1st DCA 1990) (error to admit evidence of cash seized from defendant in prosecution for possession of drugs as such evidence invited conjecture that defendant was engaged in other unproven criminal conduct); People v. Morales, 133 A.D.2d 90, 518 N.Y.S.2d 437 (N.Y.App.Div.1987) (evidence that defendant possessed a wad of money upon arrest for possession of cocaine was irrelevant and highly prejudicial as it suggested involvement in uncharged sale of illicit drugs).

The admission of the cash found in this case presents the same problem as is present in Ferguson, Jackson, and Morales. It suggests that Buitrago was participating in a drug deal with which he was not charged. The state even argued as much to the jury.

Because the evidence of the cash was irrelevant and prejudicial, we reverse and remand for a new trial.

GROSS and TAYLOR, JJ., concur.


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Citator

Cited By

  • Brunson v. State, 31 So. 3d 926 (Fla. 1st DCA 2010)
    …est as this evidence was irrelevant as to guilt. Florida case law establishes cash found on a defendant is irrelevant to prove a possession of contraband charge. See generally Jackson v. State, 570 So. 2d 1388 (Fla. 1st DCA 1990); Buitrago v. State, 950 So. 2d 531, 532 (Fla. 4th DCA 2007); Ferguson v. State, 697 So. 2d 979 (Fla. 4th DCA 1997). However, while cash found on the person at the time of arrest may not be admissible to prove simple possession, it is relevant to prove the charge of trafficking. Appe…
  • Massey v. State, 109 So. 3d 324 (Fla. 4th DCA 2013)
    …charged only with possession of cocaine, as opposed to sale or trafficking, his objection to the introduction of evidence of a “large sum of cash” discovered during the search of his person at the traffic stop was well taken. See Buitrago v. State, 950 So. 2d 531, 532 (Fla. 4th DCA 2007); Ferguson v. State, 697 So. 2d 979, 980-81 (Fla. 4th DCA 1997). However, defense counsel did not obtain a ruling from the trial court and ultimately withdrew his objection, so the issue was not preserved for appellate review…
  • Mosely v. State, 1 So. 3d 261 (Fla. 4th DCA 2009)
    …hen he was arrested. Appellant argues that, because he was charged only with possession, the evidence of money found in his pocket was irrelevant and prejudicial. Appellant’s argument is supported by the factually similar cases of Buitrago v. State, 950 So. 2d 531, 532 (Fla. 4th DCA 2007), and Ferguson v. State, 697 So. 2d 979 (Fla. 4th DCA 1997), in which we held that, in possession cases, evidence of money found on the defendant was irrelevant and prejudicial. The state relies on Holmes v. State, 710 So.…

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