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5 Florida opinions name it 2 courts 1987–1994 0 in the last five years
The cases below were cited by Florida courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Garces v. Stategreen2 sentences1994Compare, Garces v. State, 485 So.2d 847 (Fla. 3d DCA 1986) (temporary control of the contraband in the ‘presence of its actual owner, for the purpose of verifying that it is what it purports to be or to conduct a sensory test for quality, prior to consummation of the contemplated transaction, without more, does not constitute legal possession). 1989He states that he was never in actual or constructive possession of the bag of cocaine and therefore, under the facts in this case, he could not have been lawfully convicted of trafficking in cocaine. [2] His argument that he never legally possessed the cocaine, based on Roberts v. State, 505 So.2d 547 (Fla. 3d DCA 1987), and Garces v. State, 485 So.2d 847 (Fla. 3d DCA 1986), urges that his temporary control of contraband while in the presence of its actual owner for the purpose of verifying that the contraband is what it purports to be and conducting a sensory test for quality prior to consum | 3 | 5 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Roberts v. State
green
1 sentence1989He states that he was never in actual or constructive possession of the bag of cocaine and therefore, under the facts in this case, he could not have been lawfully convicted of trafficking in cocaine. [2] His argument that he never legally possessed the cocaine, based on Roberts v. State, 505 So.2d 547 (Fla. 3d DCA 1987), and Garces v. State, 485 So.2d 847 (Fla. 3d DCA 1986), urges that his temporary control of contraband while in the presence of its actual owner for the purpose of verifying that the contraband is what it purports to be and conducting a sensory test for quality prior to consum | 1 | 1989–1989 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.