DELTA ENGINEERING CORP. ET AL.

v.

SCOTT ET AL.

Citator

Cited By (49 total)

• Westley Johnson v. State, 456 So. 2d 923 (Fla. 3d DCA 1984)
  …only that defendant was found in close proximity to the contraband discovered in the apartment. Mere proximity to contraband, without more, is legally insufficient to prove possession. Bass v. United States, 326 F. 2d 884 (8th Cir.), cert. denied, 377 U.S. 905, 84 S.Ct. 1164, 12 L.Ed.2d 176 (1964). In many instances, however, the ability to control narcotics will be inferred from the ability to exercise control over the premises where they are found. For this reason, the cases have sharply distinguished b…
• Rogers v. State, 586 So. 2d 1148 (Fla. 2d DCA 1991)
  …ontrol over it. Mere proximity to contraband, standing alone, is insufficient to establish constructive possession of the substance. Agee v. State, 522 So. 2d 1044 (Fla.2d DCA 1988); see Bass v. United States, 326 F. 2d 884 (8th Cir.), cert. denied, 377 U.S. 905, 84 S.Ct. 1164, 12 L.Ed.2d 176 (1964); Johnson v. State, 456 So. 2d 923 (Fla.3d DCA 1984). In regard to passen gers of vehicles, the following cases are representative of circumstances insufficient to establish constructive possession on the part…
• Karmann Jean v. State, 638 So. 2d 995 (Fla. 4th DCA 1994)
  …n Johnson v. State, 456 So. 2d 923 (Fla. 3d DCA 1984), the Third District Court of Appeal stated: Mere proximity to contraband, without more is legally insufficient to prove possession. Bass v. United States, 326 F. 2d 884 (8th Cir.), cert. denied, 377 U.S. 905, 84 S.Ct. 1164, 12 L.Ed.2d 176 (1964). In many instances, however, the ability to control narcotics will be inferred from the ability to exercise control over the premises where they are found. For this reason, the cases have sharply distinguished b…