State v. Winsor
110 S.W.3d 882 · Missouri Court of Appeals · 2003
Facts
Appellant Ian Winsor was stopped by police for driving the wrong way on a one-way street in Fulton, Missouri. An officer discovered outstanding warrants for his arrest and placed him into custody. A search of his person and vehicle revealed marijuana cigarettes and a pipe. Appellant was transported to the Fulton Police Department, where he was warned that bringing drugs into the jail would be a felony. He remained silent regarding the warning. He was then transported to the Callaway County Jail, where a search during booking revealed a baggie of marijuana in the waistband of his shorts.
Procedural history
Appellant was charged with possession of a controlled substance on county jail premises. He waived his right to a jury trial, and the case was tried before a judge on stipulated facts. The trial court found Appellant guilty, sentenced him to three years imprisonment, suspended the execution of the sentence, and placed him on five years of probation. Appellant then appealed this conviction.
Issue
Did the trial court err in convicting Appellant for possession of a controlled substance on county jail premises when he was involuntarily brought to the jail, thus allegedly making his possession involuntary under state law? Specifically, does the offense under section 221.111 require the defendant's voluntary presence on jail premises, or only voluntary possession of the controlled substance?
Holding
The court affirmed the conviction, holding that the trial court did not err. Appellant's possession of the controlled substance was a voluntary act because he had sufficient time to dispose of it after being warned, regardless of his involuntary presence at the jail.
Rule
Under Section 221.111.1(1), it is unlawful to knowingly possess a controlled substance in or about county jail premises. Section 562.011.1 states that liability for an offense requires a voluntary act. For possession, Section 562.011.3 defines a voluntary act if the possessor knowingly procures or receives the item, or, having acquired control, was aware of that control for a sufficient time to dispose of it or terminate control. The court reasoned that voluntary presence on jail premises is not an element of the offense; only voluntary possession of the controlled substance is required. Interpreting the statute to require voluntary presence would lead to absurd results, rendering the law meaningless for inmates.
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