QUESTION
When trying to prove constructive possession in FL, does the state have to prove the defendant had knowledge of said item/had intent to use said item?
Asked on Aug 06th, 2018 on Criminal Law - Florida
More details to this question:
A dear friend of mine has been charged with constructive possession of ammunition by a convicted felon and also with constructive possession of a firearm by a convicted felon. However, the firearm was found outside of the vehicle that my friend was in and was not found to have his prints on it. Also he had no knowledge of the ammunition he is being said to have had possession of, as they were found in the pocket of a jacket he had borrowed from me only 10 minutes earlier. I have made it apparent that I'm willing to testify in court that both the jacket and the ammunition were mine, as they were.
1 ANSWER
4 Awards
It seems that the state would have a difficult time proving constructive possession of the ammunition based on the facts you described. However, the firearm may be a different story depending on where it was found vis a vis your friend. Proving knowledge and an ability to exercise control over the items will be necessary where the item is not in actual possession of the person charged.
Without any admissions on the part of your friend, coupled with your statement, the state should strongly consider dropping the charges on the ammo charge, but again, depending on the proximity of the firearm, that may be a good issue as well.
Answered on Aug 06th, 2018 at 5:11 AM