The vehicle is stopped for speeding and there are two people in the vehicle. The officer asks the occupants to exit the vehicle and conducts a search. On the floorboard, under the back passenger seat, the office locates drugs hidden in a paper bag ( i.e is not in plain view).

The driver and passenger either refuse to answer any questions or deny knowing that the drugs were in the vehicle. Under this scenario, if the driver or passenger were arrested for possession of the controlled substance, either would probably win a motion to dismiss.

Under these facts, there is insufficient evidence to determine who possessed the controlled substance since it was found in a jointly occupied vehicle, it was not in plain view, and there were no statements by either party admitting to knowledge of the contraband.

Contact me or go to The Law Office of Kurt Teifke to discuss defenses that may be available under Florida law for the particular facts and circumstances of your case.