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Constructive possession of controlled substance

Posted by John P. Rutkowski | Nov 06, 2026 | 0 Comments

The trial court erred by denying defendant's motion for judgment of acquittal where state failed to present sufficient independent evidence that defendant constructively possessed contraband found in a locked safe that a family friend attempted to remove from a house in defendant's neighborhood -- Defendant's possession of a key to the house did not establish constructive possession of the safe that had been inside the house where house belonged to a third party and state presented no evidence that defendant owned, resided in, or otherwise exercised control over the house -- Because state failed to establish that defendant had exclusive possession of house, state could not rest on defendant's possession of safe key to show that he knew of or controlled what the safe contained -- A key affording access, without more, establishes only opportunity, not possession -- Defendant's family connection to individual carrying safe was insufficient to establish constructive possession where state presented no evidence that individual was acting at defendant's direction or that defendant was aware that individual was removing the safe from the premises

About the Author

John P. Rutkowski
John P. Rutkowski

Mr. Rutkowski has been practicing law for the past twenty-seven years. Prior to going to law school Mr. Rutkowski served as a deputy sheriff before retiring to attend law school. Upon graduating law school Mr. Rutkowski served as an Assistant State Attorney in Florida before going in to private practice and representing good people in bad times who have been accused of criminal offenses, dui, and appeals.

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