Oliver v. State
The Fifth DCA reversed Oliver's drug trafficking and possession convictions, holding that the State failed to present sufficient independent evidence of constructive possession where Oliver possessed keys to a third party's house and to a locked safe found inside it, but had no actual possession of the safe and no other circumstantial proof linking him to its contents. The court held that mere possession of keys providing access to premises and a container, without more, establishes only opportunity, not constructive possession.
Key facts
- Oliver was charged with drug trafficking and possession based on possession of keys to a third party's house and a locked safe found inside it containing contraband.
- The trial court convicted Oliver; the Fifth DCA reversed, finding the State presented insufficient evidence of constructive possession.
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Why it matters
This opinion reinforces and extends the settled rule—drawn partly from the Third DCA's Stevens decision—that mere key access to a residence or container is legally insufficient to establish constructive possession… — full analysis with a trial
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