PVS was arrested on September 30, 2006, for possession under 20 grams of cannabis by the Port St. Lucie Police Department. PVS was driving his brothers car at the time of the vehicle stop. There was a passenger in the passenger seat. Both denied knowledge of the bag containing a green leafy substance found on the floor. Attorney Garland announced ready for trial on January 14, 2007, at which time the State announced a nolle prosequi (dropped the case).
Comment: The State cannot successfully prosecute any person in a car where contraband is found as long as 1) more than one person is in the vehicle, and 2) no other evidence connects an occupant to the contraband. There is no presumption of knowledge or ability to control the contraband just because of proximity.