RONALD VAN GRIFFIN, APPELLANT (DEFENDANT),

v.

STATE OF FLORIDA, APPELLEE (STATE)

Citator

Cited By (60 total)

• Brown v. State, 428 So. 2d 250 (Fla. 1983)
  …law.2 “Constructive possession exists where the accused without physical possession of the controlled substance knows of its presence on or about his premises and has the ability to maintain control over said controlled substance.” Hively v. State, 336 So. 2d 127, 129 (Fla. 4th DCA 1976). To establish constructive possession, the state must show that the accused had dominion and control over the contraband, knew the contraband was within his presence, and knew of the illicit nature of the contraband. Wale v.…
• Wale v. State, 397 So. 2d 738 (Fla. 4th DCA 1981)
  …(1) The accused must have dominion and control over the contraband; (2) The accused must have knowledge that the contraband is within his presence, and; (3) The accused must have knowledge of the illicit nature of the contraband. Hively v. State, 336 So. 2d 127 (Fla. 4th DCA 1976); Willis v. State, 320 So. 2d 823 (Fla. 4th DCA 1975). Of course, each of these elements may be proved by circumstantial evidence. If the premises, area, structure, vehicle, etc. in which a contraband substance is found is within…
• State v. Williams, 742 So. 2d 509 (Fla. 1st DCA 1999)
  …hysical possession of cocaine that was found in a side pocket in her purse, which she had used as a head rest or pillow, so that knowledge of the contraband could be presumed); Jean v. State, 638 So. 2d 995, 996 (Fla. 4th DCA 1994); Hively v. State, 336 So. 2d 127 (Fla. 4th DCA 1976). The standard instructions, which were read to the jury, provide that if something “is in the hand of or on the person,” or is “in a container in the hand of or on the person,” or “is so close as to be within ready reach and is u…