LAWRENCE LEE SMITH, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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The Florida Supreme Court held that in a prosecution for drug possession in a residence jointly occupied by a husband and wife, the prosecution cannot infer the husband's knowledge of contraband merely from the marital relationship and the husband's status as "head of the household." Direct evidence of the defendant's knowledge of the contraband is required, absent exclusive possession or control.
Direct evidence of a defendant's knowledge of contraband is required in all cases, including those involving spouses in a marital relationship. Knowledge cannot be inferred merely from the husband's traditional role as "head of the household" or from joint occupancy with a spouse.
[1] Possession of contraband in a jointly occupied residence cannot be inferred solely from the marital relationship between the occupants.
[2] Direct evidence of a defendant's knowledge of contraband is required when premises are jointly occupied, absent exclusive possession or control.
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Join FLexlaw to unlock all legal intelligence“The exception asserted by the First District here is in the instance of the joint occupancy of premises by persons living together in a legal husband and wife relationship... This would appear to require some evidence to tie in the husband to the presence of such illegal drugs by the essential knowledge on his part. No such direct evidence was offered.”
Establishes that the First District created an exception for married couples and the court's rejection of that approach
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Join FLexlaw to unlock all legal intelligencePolice investigating illegal drugs located drug paraphernalia along with women's costume jewelry in a dresser drawer in a bedroom jointly occupied by …
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We granted certiorari based upon a de-cisional conflict with Spataro v. State, 179 So.2d 873 (Fla.App.2d 1965) ; and Markman v. State, 210 So.2d 486 (Fla.App.3d 1968). These cases are in accord with the joint occupancy rule appearing in Frank v. State, 199 So.2d 117 (Fla.App.1st 1967). The conflict arises from the First District’s ruling here at 265 So.2d 538 (Fla.App., 1972), which would create an exception to the general rule of joint occupancy requiring direct evidence of defendant’s knowledge of the contraband upon the premises which cannot be inferred, absent the defendant’s exclusive possession or control. The exception asserted by the First District here is in the instance of the joint occupancy of premises by persons living together in a legal husband and wife relationship. Specifically, the investigating officers located illegal drugs along with women’s costume jewelry in a dresser drawer in the bedroom jointly occupied by defendant and his wife. This would appear to require some evidence to tie in the husband to the presence of such illegal drugs by the essential knowledge on his part. No such direct evidence was offered. Absent such proof, the motion for a judgment of acquittal should have been granted.
The First District held that the required knowledge of the presence of the contraband can be inferred to the husband as “head of the household”. A couple living together without benefit of clergy under the same situation would apparently enjoy the advantage of a different result, requiring direct evidence of knowledge; such a rule would penalize those who follow the legal requirements of marriage.
The State puts the issue: “The husband and wife relationship is another relationship by which essential knowledge can be inferred without the requirement for direct proof.” We do not feel in today’s world that this is a valid basis to avoid the required evidence to prove knowledge in such a relationship.
Our recent holding in Markham v. Markham, 272 So.2d 813 (Fla.1973), that the husband had no right to invade the wife’s own right of privacy by utilizing electronic devices on her telephone, supports our view and raises serious question about placing reliance upon a husband’s traditional role of “head of the household” as a basis for inferring knowledge.
The continuing expanded independence of the wife casts a different light upon the husband’s control, and thus inferred knowledge, in these circumstances. It could well render unduly harsh results against a husband in altogether innocent circumstances.
The petition for writ of certiorari is granted, the opinion of the First District Court of Appeal is quashed and the cause remanded for entry of judgment of acquittal.
It is so ordered.
CARLTON, C. J„ ERVIN, and Mc-CAIN, JJ., and GALE, Circuit Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (25 total)
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Brown v. State, 428 So. 2d 250 (Fla. 1983)…virtually identical to the first question, i.e., discovery of illegal drugs in plain view in the presence of the residents. We likewise answer the second question in the affirmative. This answer is consistent with prior cases such as Smith v. State, 279 So. 2d 27 (Fla.1973) (contraband in jointly occupied dresser drawer, not in plain view, knowledge not shown), and Taylor v. State, 319 So. 2d 114 (Fla. 2d DCA 1975) (contraband found in plain view, but defendant, a guest, had no control over the premises). W…
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Chicone v. State, 684 So. 2d 736 (Fla. 1996)…. Shortly after Medlin, we reversed a First District Court decision upholding a conviction for drug possession, and held the evidence was insufficient on the essential element of the defendant’s knowledge of the contraband drug. See Smith v. State, 279 So. 2d 27 (Fla.1973). It is apparent in Smith that we required proof of the knowledge of the contraband in order to sustain a conviction for simple possession. Of course, Smith was a joint possession ease, and our comments requiring proof of the “essential kn…
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Wale v. State, 397 So. 2d 738 (Fla. 4th DCA 1981)…ledge of the presence of the contraband in the place where it is found, or circumstantial evidence from which a jury might properly infer that the accused had knowledge of the presence of the contraband. Hively, supra; Willis, supra; Smith v. State, 279 So. 2d 27 (Fla.1973); Frank v. State, 199 So. 2d 117 (Fla. 1st DCA 1967). These principles are recognized in virtually every jurisdiction that has broached the topic. See, e. g. Petty v. People, 167 Colo. 240, 447 P. 2d 217 (1968) (where marijuana was in the…
Previewing 3 of 25 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Frank v. State, 199 So. 2d 117 (Fla. 1st DCA 1967)
- Spataro v. State, 179 So. 2d 873 (Fla. 2d DCA 1965)
- Ira Dennis Markman v. State, 210 So. 2d 486 (Fla. 3d DCA 1968)
- Markham v. Markham, 272 So. 2d 813 (Fla. 1973)
- Smith v. State, 265 So. 2d 538 (Fla. 1st DCA 1972)