MOELLER

v.

UNITED STATES

Citator

Cited By (43 total)

• Diaz-Fonseca v. State, 483 So. 2d 558 (Fla. 3d DCA 1986)
  …he search because he had denied ownership of the luggage. We reverse for a full evidentiary hearing upon the authority of Shafi v. State, 377 So. 2d 787 (Fla. 1st DCA 1979). See also United States v. Richards, 638 F. 2d 765 (5th Cir.), cert. denied, 454 U.S. 1097, 102 S.Ct. 669, 70 L.Ed.2d 638 (1981). Diaz-Fonseca claimed that the bag belonged to his uncle. In addition, he was in possession of claim tickets for the bag. He clearly had a sufficient possessory and custodial interest in the bag to have establis…
• State v. Miguelina Rodriguez, 515 So. 2d 330 (Fla. 3d DCA 1987)
  …) (cited in Diaz-Fonseca; notwithstanding defendant’s denial that he owned package received in controlled delivery he asserted claim of lawful possession which gave rise to legitimate expectation that contents of package were private), cert, denied, 454 U.S. 1097, 102 S.Ct. 669, 70 L.Ed.2d 638 (1981); Shafi v. State, 377 So. 2d 787, 789 (Fla. 1st DCA 1979) (Notwithstanding defendant’s denial of ownership of luggage found in his possession, "[standing to object to a search has never been contingent upon only…
• United States v. Vera, 701 F.2d 1349 (11th Cir. 1983)
  …to distribute a controlled substance, the government must prove three essential elements: (1) knowing (2) possession of a controlled substance (3) with intent to distribute it. United States v. Richards, 638 F. 2d 765, 768 (5th Cir.), cert. denied, 454 U.S. 1097, 102 S.Ct. 669, 70 L.Ed.2d 638 (1981); United States v. Johnson, 469 F. 2d 973, 976 (5th Cir.1972). Possession may be actual or constructive and may be proved by circumstantial as well as direct evidence. United States v. Vergara, supra at 61; Unite…