Watson v. State
877 So. 2d 914 · District Court of Appeal of Florida · 2004
Facts
Police, with a warrant, entered an apartment bedroom where they found the appellant lying on a bed and his cousin standing next to a dresser. Crack cocaine was discovered on top of the dresser and inside a dresser drawer. The appellant's cousin later pled guilty to possessing the cocaine and testified that he lived in the bedroom, placed the drugs there, and that the appellant was asleep and unaware of the drugs when police entered. The appellant's grandmother also testified that the cousin lived in the bedroom, but the appellant did not, although he was a frequent visitor and was asleep when police arrived. There was no evidence presented that the appellant lived in or controlled the bedroom, or was aware of the illegal drugs.
Procedural history
Appellant was convicted of possession with intent to sell cocaine by a lower court. The appellant then appealed this conviction to the present court, which is now reviewing the case.
Issue
Did the state present sufficient evidence to prove constructive possession of cocaine by the appellant, who was a visitor sleeping in a bedroom where drugs were found but claimed by another occupant?
Holding
The court reversed the appellant's conviction for possession with intent to sell cocaine. It held that the state failed to prove the appellant possessed the cocaine because the evidence was insufficient to establish constructive possession.
Rule
To prove constructive possession of illegal drugs, the state must demonstrate that the defendant had control or dominion over the premises where the drugs were found, or direct control over the drugs themselves. Mere presence in a room, even as a frequent visitor or while sleeping, is insufficient to establish constructive possession without additional evidence of such control or awareness. A visitor in a bedroom occupied by another cannot be guilty of possession unless there is evidence that the visitor had dominion and control over the drugs.
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