EUGENE EMERSON, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By (13 total)

• Agee v. State, 522 So. 2d 1044 (Fla. 2d DCA 1988)
  …na v. State, 465 So. 2d 1386 (Fla. 2d DCA 1985). Agee argues that his motion for judgment of acquittal should have been granted inasmuch as the evidence showed only proximity to the heroin and flight from the police. We agree. In Tanksley v. State, 332 So. 2d 76 (Fla. 2d DCA 1976), the police officers went to a parking lot adjacent to a tavern. A number of people were in the lot, including the defendant who was sitting there on a couch. The officers asked the defendant if he had any drugs, and the defendant…

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• Davis v. State, 761 So. 2d 1154 (Fla. 2d DCA 2000)
  …n this case, but the overriding unifying factor in both cases is the nature of the place in which the defendant and the drugs were discovered^ — a public area accessible to others. The public place was also an essential factor in Tanksley v. State, 332 So. 2d 76 (Fla. 2d DCA 1976), where the police discovered heroin in a brown paper bag approximately 15 feet from a couch on which the defendant was sitting. The couch was in a vacant lot, and others were present at [*1159] the scene. Inside the brown paper ba…
• Edwards v. State, 532 So. 2d 1311 (Fla. 1st DCA 1988)
  …t from where he was crouching behind a large oak tree. The court noted the box was found in a public place, there were others present, and there was no evidence Agee had touched the box. The court also discussed two similar cases, Tanksley v. State, 332 So. 2d 76 (Fla. 2d DCA 1976), and Diaz v. State, 467 So. 2d 1061 (Fla. 3d DCA 1985). . Collier was arrested while sitting on a concrete wall in a drug trafficking area. A package on the ground near him was later found to contain cocaine. The court held there…

Authorities Cited

• Kilbee v. State, 53 So.2d 533 (Fla. 1951)
• Cordell v. State, 157 Fla. 295 (Fla. 1946)
• Trowell v. State, 288 So. 2d 506 (Fla. 1st DCA 1973)