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In the case of Henderson v. State, the first District Court ruled as follows: The First District Court of Appeal affirmed convictions for possession of a firearm by a convicted felon, fleeing or attempting to elude an officer, and driving with a suspended license. The defendant argued that the trial court erred by denying his motion to suppress because the arresting officer didn't have reasonable suspicion or probable cause to stop his car pursuant to the fellow-officer rule, by denying his motion for judgment of acquittal since the State of Florida failed to prove constructive possession of a firearm. Despite the fact that the court agreed with the defendant's reasoning on the lack of reasonable suspicion, the First District Court of Appeal affirmed the lower court on the grounds that the defendant's act of fleeing or attempting to elude police officers obviated the requirement of determining whether there was reasonable suspicion or probable cause for the initial attempt to stop. The First District Court of Appeal relied on Green v. State, 530 So. 2d 480 (Fla. 5th DCA 1988) & State v. McCune, 772 So. 2d 596, 597 (Fla. 5th DCA 2000), which are factually similar, in arriving at their decision to affirm.  The 1st District Court of Appeal also ruled the defendant failed to prove the trial court erred as a matter of law by denying his motion for judgment of acquittal on the charge of felon in possession of a firearm. Because defendant was the only occupant and driver of the vehicle when apprehended, he had exclusive possession of the firearm inside the vehicle, regardless of the vehicle's ownership, and thus his knowledge of the contraband & his power to maintain control of it was inferred. This case summary was prepared by Michael Dye and Daniel Rosenberg. Mr. Dye and Mr. Rosenberg are attorneys located in Fort Lauderdale, Florida. For more information, please visit their websites by clicking on the following links. Michael Dye criminal lawyer Daniel Rosenberg criminal defense lawyer
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