As a Jacksonville criminal attorney, I have had many Florida drug cases. Jacksonville possession of marijuana cases are not uncommon in this area. I have represented teenagers in Jacksonville juvenile criminal court and adults in county and circuit court. When it comes to possession, there is actual possession and constructive possession. One of the most common scenarios for actual possession of marijuana is when police find the substance in your pocket or somewhere else on your person. A good example of constructive possession occurs when police find the marijuana in the center console of your car. As you can imagine, it is usually easier to defend a constructive possession allegation than an actual possession charge. For instance, if marijuana is found in the center console of a vehicle, it could easily belong to any of the occupants of the vehicle. If the marijuana is found in a person’s pocket, this is harder to argue.
While looking at postings on Facebook, I noticed an interesting news article. This was a Florida possession of marijuana case. It showed a unique example of actual possession of marijuana. The New York Post ran an article titled 450-pound man hides marijuana in his stomach fat. The articled stated:
“A central Florida man who weighs about 450 pounds faces multiple charges after sheriff’s deputies say he hid cocaine and 23 grams of marijuana under his ‘stomach fat.’ According to a news release, a Volusia County sheriff’s deputy stopped a vehicle Friday after noticing that the passenger wasn’t wearing a seatbelt. Officials say 42-year-old Christopher Mitchell told the deputy that he’s too big to wear a seatbelt. The deputy says he requested a drug-detecting dog because Mitchell and the driver appeared nervous. The dog detected the presence of drugs in the vehicle.”
One of the things that the Florida criminal lawyer defending this case will want to look into is the K-9 search. There are certain search and seizure laws that apply to K-9 searches. The news article does not give enough information to make a determination as to whether or not there was a police violation, but it is worth an investigation.
As for the drugs, this looks like an actual possession case for Mitchell, as deputies claim that the cocaine and marijuana were physically on him. “In addition to the drugs on Mitchell, deputies say they also found a handgun and $7,000 in cash in the vehicle.” It appears that Mitchell was not in actual possession of the firearm and money. These items could have belonged to either person. These two men will want different Florida criminal defense attorneys, because they may have a conflict of interest.