Legal Opinion · Dissent

Rangel v. State

District Court of Appeal of Florida

Decided March 8, 2013No. 2D11-4739Published

1DissentBlack, Judge

The majority correctly characterizes this ease as a joint possession situation where Mr. Rangel’s mere proximity to the contraband would be insufficient to establish constructive possession of the drugs. See Watson, 961 So.2d at 1117. However, in addition to the drugs being located on the floorboard of the seat that Mr. Rangel had been occupying — “directly between [Ran-gel’s] legs” — Sergeant Sheffield testified that Mr. Rangel bent forward toward the floorboard where the drugs were located and described Mr. Rangel’s movements as “furtive” and as though he was “trying to conceal something.”…

2Cases cited8 opinions

  1. State v. LawSupreme Court of Florida · 1989
  2. Fitzpatrick v. StateSupreme Court of Florida · 2005
  3. Darling v. StateSupreme Court of Florida · 2002
  4. Hickson Lumber Co. v. Gay Lumber Co.Supreme Court of North Carolina · 1909
  5. Jackson v. StateDistrict Court of Appeal of Florida · 2008

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