[Florida]
i have read about the distinction between constructive and active possession.
however, is the police still able to *charge* me with possession regardless of whether i am, in fact, in possession at all? in other words, can they simply charge me for this crime that i am not guilty of, leaving the court to decide whether or not i am indeed guilty, coercing me to pay lawyers fees and fight a charge that i was not at all guilty of?
let me take a step back from that convoluted series of questions and propose a few examples to illustrate this hypothetical possession charge and introduce a few specific questions in the process.
either i:
1. enter another's motor vehicle without knowledge that he possesses, actively or constructively, a controlled substance;
2. am in the public, physical presence of someone (say walking down a street) who has concealed such a substance, even though i have no knowledge of said substance;
3. allow another to enter my motor vehicle who, unknown to me, has concealed such a substance on his person;
given these scenarios,
a) do i or do i not have legal possession of the substance?
b) does it matter? i.e., can the police still charge me falsely and expect me to back down due to fees, inconvenience, etc, even though i may be guilty of no crime?
furthermore, are there any official legal documents that pertain specifically to these issues? i trust the experience and knowledge of this forum, but i would like to, if possible, view the specific raw material from which such knowledge, on these issues, is based.
i apologize that this post is so long and complex and i appreciate any insight into these issues. i hope that i haven't repeated questions posed earlier or neglected to do enough research.
thank you

