The Temporary Possession Defense in Florida: How Doing the Right Thing Still Led to an Arrest
The temporary possession defense in Florida protects people in a genuinely strange category of case: those who did exactly the right thing and still ended up arrested for it. The case is Stanton v. State, 746 So. 2d 1229 (Fla. 3d DCA 1999), and it remains one of the most unusual examples of good intentions colliding with an overly literal reading of Florida’s possession statute.
David Stanton was in Key West during the city’s Goombay Festival, an event known for drawing plenty of activity of every kind. A drug dealer approached him repeatedly, asking what he was looking for, clearly implying he had drugs available for sale. Stanton kept telling the dealer he wasn’t interested in anything. The dealer didn’t give up. Eventually, he handed Stanton a rock of crack cocaine anyway, telling him it was free, “on the house,” and that he should come back if he wanted more.
Charged With Possession Despite Trying to Turn Drugs Over to Police in Florida?
Florida law recognizes a real defense for exactly this situation. Call John Guidry at (407) 423-1117 to find out if the temporary possession defense applies to your case.
Why Stanton Turned the Drugs Over Instead of Using Them
Here’s what makes this case genuinely remarkable. Stanton testified that he had a longstanding history of cocaine addiction but had managed to stay clean for a meaningful stretch of time. Rather than use the free cocaine handed to him, Stanton walked directly to the nearest police officer he could find, placed the rock of crack cocaine on a barricade next to the officer, and explained exactly what had happened. He even offered to help law enforcement catch the dealer, suggesting he could act as an undercover buyer to help take the dealer off the street.
The responding officer didn’t take Stanton up on that offer. Instead, the officer arrested Stanton for possession of cocaine. A jury convicted him. Stanton appealed.
Why the Appellate Court Reversed the Conviction
Florida’s Third District Court of Appeal reversed Stanton’s conviction, and the reasoning behind that reversal matters for anyone who ever finds themselves holding contraband they never sought out and never intended to keep. The court examined case law from other jurisdictions, including Alaska and California, addressing whether someone who takes brief, temporary possession of a controlled substance solely to dispose of it or turn it over to authorities has actually committed a possession crime under the law.
The court concluded that genuine possession under Florida law requires something more than simply holding an item for a fleeting moment. It requires dominion and control, meaning a real intent to exercise ownership or authority over the substance. When someone takes brief physical custody of contraband purely to destroy it or hand it directly to police, that person never exercises the kind of control the possession statute actually targets. Stanton’s entire course of conduct, accepting the cocaine only after repeated refusals and walking immediately to a police officer, demonstrated exactly this kind of momentary, purpose-driven possession rather than genuine criminal possession.
Why This Case Highlights a Real Flaw in How These Situations Get Handled
There’s an obvious irony worth sitting with here. Had Stanton simply used the cocaine instead of turning it in, this entire legal odyssey never would have happened. His decision to resist an addiction and hand dangerous contraband over to law enforcement, precisely the behavior any reasonable person would want to encourage, is what triggered his arrest and prosecution in the first place. The officer’s decision not to accept Stanton’s offer of cooperation, and to arrest him instead, created a situation the appellate court eventually had to correct, but only after Stanton endured a trial, a conviction, and the process of appealing that conviction.
What the Temporary Possession Defense Actually Requires
Florida courts have applied this defense in a range of similar situations beyond Stanton’s specific facts. Examples include someone briefly holding a substance to verify its authenticity before a transaction, someone passing contraband directly from one person to another without any independent intent to control it, or someone taking momentary custody of drugs specifically to dispose of them safely. The defense generally requires showing that any possession was fleeting, that there was no intent to exercise ongoing control over the substance, and that the purpose of that temporary possession was legitimate, such as disposal or delivery to authorities.
This defense doesn’t apply broadly to every claim of innocent intent. Courts scrutinize these situations closely, and the specific facts, how briefly someone held the substance, what they actually did with it, and whether their actions genuinely matched a disposal or reporting purpose, determine whether this defense actually succeeds.
What This Means for Anyone Facing a Similar Situation
If you ever find yourself in unexpected possession of drugs you never sought out, whether handed to you by someone else or discovered unexpectedly, Stanton illustrates both the value and the risk of trying to do the right thing. The law does recognize a real defense for people who take only momentary possession with a genuine intent to dispose of contraband or report it to authorities. However, Stanton’s own experience shows that even the right decision can still lead to an arrest, a trial, and a lengthy appeal before the law actually catches up to protect the person who did nothing wrong.
If You Want More Related Content
Check out our more videos and breakdown articles covering major updates in Florida defense law. You can also use the links below to stay informed. Learn how to protect your constitutional rights when dealing with law enforcement.
Watch: Charged with Drug Possession in Florida? Here’s What You Need to Know
Read: https://jgcrimlaw.com/articles/pretrial-motions-drug-trafficking-florida/
John’s Takeaways
- In Stanton v. State, 746 So. 2d 1229 (Fla. 3d DCA 1999), the appellate court reversed a cocaine possession conviction because Stanton only briefly held the contraband before turning it directly over to police.
- Genuine possession under Florida law requires dominion and control, meaning a real intent to exercise ownership or authority over a substance, not just fleeting physical custody.
- The temporary possession defense applies when someone holds contraband only long enough to destroy it, verify it, or hand it to authorities, without any intent to keep or use it.
- Stanton’s decision to resist his own addiction and report the drug dealer to police is exactly what led to his arrest, an outcome the appellate court ultimately recognized as unjust.
- This defense requires specific facts showing brief possession and a legitimate disposal or reporting purpose. It doesn’t apply broadly to every claim of innocent intent.
Facing a Possession Charge Involving Drugs You Never Wanted in Central Florida?
I’ve been defending drug possession cases across Central Florida since 1993, and the temporary possession defense can apply in situations people never expect to find themselves in. I represent clients across Orange, Seminole, Osceola, Lake, Brevard, and Volusia County.
Give my office a call. Let’s go through exactly what happened and figure out whether this defense applies to your case.
John Guidry — (407) 423-1117
About John Guidry II
John Guidry II is a seasoned criminal defense attorney and founder of the Law Firm of John P. Guidry II, P.A., located in downtown Orlando next to the Orange County Courthouse, where he has practiced for over 33 years. With more than three decades of experience defending clients throughout Central Florida since 1993, Guidry has successfully defended thousands of cases in Orange, Seminole, Osceola, Brevard, Lake, and Volusia counties. He has built a reputation for his strategic approach to criminal defense, focusing on pretrial motions and case dismissals rather than jury trials.
John Guidry earned both his Juris Doctorate and Master of Business Administration from St. Louis University in 1993. He is a member of the Florida Bar and the Florida Association of Criminal Defense Lawyers. His practice encompasses the full spectrum of Florida state criminal charges, with a particular emphasis on achieving favorable outcomes through thorough pretrial preparation and motion practice.
Beyond the courtroom, Guidry is a prolific legal educator who has authored over 400 articles on criminal defense topics. He shares his legal expertise through his popular YouTube channel, Instagram, and TikTok accounts, where he has built a substantial following of people eager to learn about the law. His educational content breaks down complex legal concepts into accessible information for the general public.
When not practicing law, Guidry enjoys tennis and pickleball, and loves to travel. Drawing from his background as a former recording studio owner and music video producer in the Orlando area, he brings a creative perspective to his legal practice and continues to apply his passion for video production to his educational content.