The First District Court of Appeal recently issued an opinion concerning whether merely being around drugs is sufficient to convict someone for possession. Based on the facts in that case, the answer is “no.”
In that case officers found illegal drugs while investigating a shootout between two cars that had left a gas station. Among other things, the officers found a cocktail shaker cup stuffed with marijuana lying next to a fence at the gas station’s property line.
At about the same time in another part of town, other officers stopped a car with three occupants that had been part of the shootout. Mr. McKire was in the back seat of the car heavily bleeding from a gunshot wound. He was transported to the hospital. Continue reading