CENTRAL AND SOUTHERN FLORIDA FLOOD CONTROL DISTRICT, A PUBLIC CORPORATION, APPELLANT,

v.

SARA L. DEADWYLER, APPELLEE

Citator

Cited By (37 total)

• Brown v. State, 428 So. 2d 250 (Fla. 1983)
  …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). We hold, therefore, that joint occupancy, with or without ownership of the premises, where contraband is discovered in plain view in the…
• Herrera v. State, 532 So. 2d 54 (Fla. 3d DCA 1988)
  …here defendant is a mere visitor rather than an occupant. See Agee v. State, 522 So. 2d 1044 (Fla. 2d DCA 1988); Brooks v. State, 501 So. 2d 176 (Fla. 4th DCA 1987); Green v. State, 460 So. 2d 986 (Fla. 4th DCA 1984); [*59] Johnson; Taylor v. State, 319 So. 2d 114 (Fla. 2d DCA 1975). Here, the evidence established the elements of appellant’s constructive possession: he promised to return the officer’s money if he was dissatisfied with the purchase, requested a sample of the cocaine, and stood next to the kilo…
• Westley Johnson v. State, 456 So. 2d 923 (Fla. 3d DCA 1984)
  …it drugs in plain view. Compare Brown (ownership and/or joint occupancy of premises is sufficient to support a conviction for constructive possession as to each person where drugs are discovered in plain view in their presence) with Taylor v. State, 319 So. 2d 114 (Fla. 2d DCA 1975) (defendant’s proximity to marijuana in plain view was merely circumstantial evidence insufficient to support conviction for constructive possession where defendant did not own or live on the premises and did not have control or jo…

Authorities Cited

• Webb v. Giddens, 82 So. 2d 743 (Fla. 1955)