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State v. Florine

Supreme Court of Minnesota
Feb 7, 1975
303 Minn. 103 (Minn. 1975)

Summary

holding that possession of a controlled substance is a crime only if the defendant knowingly possesses the substance and has knowledge of the nature of that substance

Summary of this case from State v. Garcia-Gutierrez

Opinion

No. 44633.

February 7, 1975.

Criminal law — possession of cocaine — constructive possession — sufficiency of evidence.

Appeal by James A. Florine from an order of the Nicollet County District Court, Noah S. Rosenbloom, Judge, denying his motion for a new trial after he was convicted of possession of cocaine. Affirmed.

David J. Twa, for appellant.

Warren Spannaus, Attorney General, Peter W. Sipkins, Solicitor General, Thomas J. Foley, Special Assistant Attorney General, and W.M. Gustafson, County Attorney, for respondent.

Considered and decided by the court without oral argument.


Defendant, having been found guilty by the district court of unlawful possession of cocaine, Minn. St. 152.09, subd. 1(2), and acquitted of a charge of unlawful possession of marijuana, also § 152.09, subd. 1(2), appeals from an order denying his post-trial motions. The main issue raised by defendant is whether there was sufficient evidence to convict him of the cocaine charge. We believe that there was and accordingly affirm.

On November 22, 1972, Officer Donald Schmidt of the Nicollet County sheriff's office, acting lawfully, found the cocaine and marijuana in question in an unlocked abandoned vehicle parked crosswise on a township road in Nicollet County. Schmidt found the cocaine in a small packet on top of an open notebook on the back seat. At this time, Officer Schmidt impounded the car and had it towed to the sheriff's office. After securing a search warrant, Officer Schmidt found the marijuana in a wooden crate containing clothing and $235 in cash. On the floor of the front seat Schmidt found a bill from Northern States Power Company addressed to defendant, a receipt from a bank money order naming defendant as the remitter, and a Christmas seal letter addressed to defendant. On the front seat Schmidt found a billfold containing $17 and defendant's driver's license. The notebook on which Schmidt found the cocaine packet contained a biology quiz that bore defendant's name. Both the notebook and the quiz apparently were in the same handwriting as a note on a slip of paper found in defendant's billfold. Defendant did not own the vehicle in question, but the owner had left it with defendant and friends of defendant in the hope that defendant or his friends would be able to sell it for him.

1. In analyzing defendant's contention that this evidence was insufficient to justify a finding of guilt on the cocaine possession charge, we start with the basic proposition that, in order to convict a defendant of unlawful possession of a controlled substance, the state must prove that defendant consciously possessed, either physically or constructively, the substance and that defendant had actual knowledge of the nature of the substance. LaFave Scott, Criminal Law, § 25, p. 182.

In this case the question of whether there was sufficient evidence of guilt centers on the first part of the state's proof — i. e., whether there was proof of conscious possession of the substance — because if defendant consciously possessed the substance, either constructively or physically, then the judge could easily infer from that and from the nature of the substance that defendant had knowledge of the substance's nature. Clearly, there was no evidence of actual or physical possession by defendant when arrested, so what we are concerned with is whether there was sufficient evidence that defendant, although not in actual possession of the substance at the time of arrest, nonetheless constructively possessed it.

The purpose of the constructive-possession doctrine is to include within the possession statute those cases where the state cannot prove actual or physical possession at the time of arrest but where the inference is strong that the defendant at one time physically possessed the substance and did not abandon his possessory interest in the substance but rather continued to exercise dominion and control over it up to the time of the arrest. Whitebread and Stevens, Constructive Possession in Narcotics Cases: To Have and Have Not, 58 Va. L.Rev. 751, 755. Having in mind the purpose of the constructive-possession doctrine, we believe that in order to prove constructive possession the state should have to show (a) that the police found the substance in a place under defendant's exclusive control to which other people did not normally have access, or (b) that, if police found it in a place to which others had access, there is a strong probability (inferable from other evidence) that defendant was at the time consciously exercising dominion and control over it. See, State v. Wiley, 295 Minn. 411, 205 N.W.2d 667 (1973); State v. LaBarre, 292 Minn. 228, 195 N.W.2d 435 (1972); State v. Resnick, 287 Minn. 168, 177 N.W.2d 418 (1970).

Following this approach, we have concluded that there was sufficient evidence of constructive possession to justify a conviction on the charge of possession of cocaine. Because defendant did not have exclusive possession of the automobile, one could not automatically infer from the mere fact that cocaine was found in the automobile that the cocaine belonged to defendant. So the question becomes whether there was other evidence which was strong enough to support an inference that defendant at one time had physical possession of the cocaine and that at the time police found it, defendant, although then not in physical possession of it, continued to consciously exercise dominion and control over it. We believe that there was such other evidence.

2. In addition to contending that there was insufficient evidence, defendant makes a number of other arguments, one being that the trial court, as factfinder, had no right to examine the documents found in the vehicle and to compare the handwriting on them absent expert testimony, and another being that the trial court's findings were so inconsistent as to justify a new trial. There is no merit to these contentions.

Affirmed.


Summaries of

State v. Florine

Supreme Court of Minnesota
Feb 7, 1975
303 Minn. 103 (Minn. 1975)

holding that possession of a controlled substance is a crime only if the defendant knowingly possesses the substance and has knowledge of the nature of that substance

Summary of this case from State v. Garcia-Gutierrez

holding that constructive possession applies when "the inference is strong that the defendant at one time physically possessed the [contraband]"

Summary of this case from State v. Ighovojah

holding that constructive possession is shown "if police found [contraband] in a place to which others had access there is a strong probability . . . that defendant was at the time consciously exercising dominion and control over it"

Summary of this case from State v. Alowonle

holding constructive possession exists "where the inference is strong that the defendant at one time physically possessed the substance and did not abandon his possessory interest in the substance but rather continued to exercise dominion and control over it up to the time of the arrest."

Summary of this case from State v. Gentry

holding that the state must prove possession through constructive possession when “the state cannot prove actual or physical possession at the time of arrest but where the inference is strong that the defendant at one time physically possessed [contraband] and did not abandon ... possessory interest in the [contraband] but rather continued to exercise dominion and control over it up to the time of the arrest”

Summary of this case from State v. Sam

holding that defendant who had abandoned car to which anyone had access, had constructive possession of cocaine found inside

Summary of this case from Akande v. State

holding that when police found illegal drugs in a place to which others had access, there was a strong probability, inferable from other evidence, that defendant constructively possessed the drugs

Summary of this case from State v. Kyles

holding that defendant must consciously possess substance and have actual knowledge of nature of substance

Summary of this case from State v. Peck

holding that defendant had constructive possession of drugs found in car that he had borrowed and later abandoned

Summary of this case from State v. Scheer

holding evidence sufficient to prove constructive possession of a controlled substance found in automobile

Summary of this case from State v. McDonough

holding conviction for a possession crime requires proof of conscious possession, either actual or constructive

Summary of this case from State v. Frieson

holding defendant may constructively possess a controlled substance found in a place to which others also have access if defendant exercises dominion and control over it

Summary of this case from State v. Johnson

concluding that, when a defendant does not have exclusive control over the place in which an illegal item is found, the state must show that the defendant exercised dominion and control over the illegal item

Summary of this case from State v. Jones

upholding a defendant's conviction based on circumstantial evidence because the circumstances proved "support an inference that defendant at one time had physical possession of [the contraband] and that at the time police found it, defendant, although then not in physical possession of it, continued to consciously exercise dominion and control over it"

Summary of this case from State v. Lopez

affirming conviction of defendant for constructive possession of cocaine and marijuana found in abandoned car which was owned by another but entrusted to defendant where the marijuana was in the trunk, the cocaine was on top of defendant's notebook on the back seat, and defendant's billfold was on the front seat

Summary of this case from State v. Cusick

affirming constructive-possession conviction where the evidence supported an inference that the defendant at one time had physical possession of the substance and was consciously exercising dominion and control over it when the police found it

Summary of this case from State v. Pogatchnik

affirming the conviction of a defendant of possession of controlled substances after cocaine and marijuana were found in an unlocked abandoned vehicle

Summary of this case from In re Minn. Dep't of Natural Res. Special Permit No. 16868 (December 21

affirming conviction of possession of cocaine and marijuana where marijuana was found in the trunk of an abandoned car that was entrusted to defendant and cocaine was found on top of defendant's notebook in the car's back seat

Summary of this case from State v. Gasta

In Florine, the Minnesota Supreme Court adopted a two-pronged inquiry for determining criminal liability for constructive, unlawful possession.

Summary of this case from Branch v. Gorman

In Florine, we held that to establish constructive possession, the State must show either (1) that the prohibited item was found “in a place under defendant's exclusive control to which other people did not normally have access,” or (2) if the prohibited item was found “in a place to which others had access, there is a strong probability (inferable from other evidence) that defendant was at the time consciously exercising dominion and control over it.” Id. at 105, 226 N.W.2d at 611.

Summary of this case from State v. Salyers

discussing possession of a controlled substance

Summary of this case from State v. Garcia-Gutierrez

reading a knowledge requirement into possession of a controlled substance statute

Summary of this case from State v. Ndikum

In State v. Florine, 303 Minn. 103, 104, 226 N.W.2d 609, 610 (1975), a case charging the defendant with possession of cocaine, we held that the "state must prove that defendant consciously possessed * * * the substance and that defendant had actual knowledge of the nature of the substance."

Summary of this case from State v. Benniefield

In State v. Florine, 303 Minn. 103, 105, 226 N.W.2d 609, 611 (1975), as defendant points out, we said that to prove constructive possession the state had to show either (a) the substance was in a place under defendant's "exclusive" control to which others did not normally have access, or (b) if in a place where others had access, that the defendant was at the time consciously or knowingly exercising dominion and control over the substance in question.

Summary of this case from State v. Robinson

In Florine, this court adopted a two-pronged inquiry for determining criminal liability for constructive, unlawful possession. Under that test, the state must show either that the substance was found in a place under defendant's exclusive control to which other people did not normally have access or that, if found in a place to which others had access, "there is a strong probability (inferable from other evidence) that defendant was at the time consciously exercising dominion and control over it."

Summary of this case from C.I.R. v. Fort
Case details for

State v. Florine

Case Details

Full title:STATE v. JAMES A. FLORINE

Court:Supreme Court of Minnesota

Date published: Feb 7, 1975

Citations

303 Minn. 103 (Minn. 1975)
226 N.W.2d 609

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