Man Leaves Illegal Drugs Behind After Being Trespassed

A simple trespass call in Holmes County led to drug charges for the person being trespassed. In February 2025, the homeowner called police to have a man removed from their home. However, once the man was gone, he texted the homeowner asking after a baggie of cocaine he had allegedly left behind. Unfortunately, police were still on the scene, and after getting consent to search the room the man had been occupying, found the cocaine. The trespassed man was charged with possession.

Three Criteria For Guilt

Police posted about the case on social media, turning it into a joke, but there is an important lesson for those who may possess illegal substances in Florida. The state has some of the harshest drug laws in the country, with some offenses meriting mandatory minimum sentences, meaning that a certain amount of time must elapse – with no exceptions – before a defendant can be released. It is important to not simply give information that could put you behind bars.

In general, three facts must be established before a person can be convicted of drug possession. They are:

• The substance must be illegal;
• A person must know, or should have known, of the illegal nature of the substance in question; and
• They must have either ‘actual’ or ‘constructive’ possession of the substance – ‘constructive’ possession means that the substance was under their control, and no one else could have interfered with it.

If all three of these apply in a given case, the defendant will usually be found guilty of drug possession. In terms of sentencing, severity is usually influenced by both the nature of the substance, and the amount involved. Possession of a Schedule I drug tends to carry more penalties than possessing a Schedule V drug.

The Right To Remain Silent

The Holmes County man allowed himself to be trespassed and removed from the house in question, but he messaged the owner about a baggie full of cocaine that he had left behind during his exit. What this means is that the man has admitted, in writing, that he had either actual or constructive possession of the cocaine – in other words, one of the factors the prosecution must establish in order to convict him. The man had been the only one to stay in the room where it was found.

Had the man not messaged the landlord about his cocaine, it would have been more difficult to establish the man’s guilt in this matter, because there might still have been reasonable doubt about the true owner of the drugs. The matter might have ended with the man still being charged with possession of cocaine, but remaining silent would conceivably have clouded the issue.

Call A West Palm Beach Drug Offenses Attorney

While it is generally best to cooperate with law enforcement, it is still a good idea to remain silent – as is your right – if you are being charged with a drug crime in Florida. A West Palm Beach drug offenses attorney at Perlet & Shiner, P.A. can help ensure that your rights are protected during the legal process, and work to get you the fairest outcome possible in your case. Call us today to speak to an attorney.

Source:

msn.com/en-us/news/crime/florida-man-accused-of-having-cocaine-texted-homeowner-about-baggie-on-nightstand-while-being-trespassed-hcso/ar-AA1A9GNq