“It’s Not Mine, It’s Ours”: Why Drugs on the Center Console Are Hard to Pin on the Driver

By: John Guidry

After several decades of defending criminal cases, I’ve seen a few patterns emerge.

Our brains are rigged to see patterns, even when they don’t exist, but let me share with you a pattern of behavior that keeps me in business:

The vast majority of drug arrests arise out of basic traffic stops.

Let’s face it, people like having drugs in their car. Shocking, I know.

Many criminal defense attorneys—who happen to indulge—have their stash delivered to their home rather than carrying it in their vehicle, for fear of getting caught in this most pedestrian way.

If citizens stopped committing crimes in their vehicles, millions of folks employed by “Crime Inc.” would be out of a job.

But since that isn’t happening, I’m going to keep helping them out of it.

Was there a passenger in the car when the police found the drugs?

They can’t just pick a winner. Call John today at (407) 423-1117.

The Case: Session v. State (The Center Console Dilemma)

The real-life example we’re discussing today is Session v. State, 2016 Fla. App. LEXIS 4241 (Fla. 5th DCA 2016).

• The Scene: Mr. Session was chilling in the driver’s seat of a friend’s car, door open. A passenger was sitting next to him.
• The Activity: Police saw Session rolling a joint.
• The Discovery: On the center console between the two men, officers saw several baggies of cocaine and morphine.
• The Problem: The baggies were easily within reach of both occupants. Neither man confessed. Neither owned the car.

The Question:

How do you prove the drugs belonged to Session and not the passenger?

The Law: Proximity $\neq$ Control

The State charged Session based on Constructive Possession. To win, they must prove two things:

1. Knowledge: That Session knew the drugs were there (Easy, they were in plain sight).
2. Control: That Session had the ability to exercise dominion and control over them.

The Ruling:

The Appellate Court overturned the conviction.

• The Logic: Just because you can reach out and grab it doesn’t mean you control it.
• The Rule: “Mere proximity to contraband, without more, is insufficient proof of the defendant’s ability to exercise dominion or control.”

Without fingerprints, DNA, or a confession linking Session specifically to the cocaine (as opposed to the passenger), the State was just guessing. And in America, you can’t send someone to prison on a guess.

John’s 2026 Update: Furtive Movements & DNA

Note: In 2016, Session won because the cops were lazy. In 2026, technology makes them a little more thorough.

1. The “Furtive Movement” Trap

In 2026, high-definition Body Cams are standard.

• The Danger: If the video shows you reaching toward the console or trying to cover the baggie as the cop walks up, that movement proves “Dominion and Control.”
• The Defense: We analyze the footage frame-by-frame. If you were just sitting there (like Session), the defense still holds. If you panicked and touched it, you might have convicted yourself.

2. Touch DNA is the New Fingerprint

In Session, the prosecutor presented no forensics. Today, for Trafficking amounts (especially Fentanyl), they will swab the baggie for Touch DNA.

• The Reality: If your DNA is on the knot of the baggie, “Proximity” doesn’t matter anymore—you touched it.
• The Strategy: For small amounts (simple possession), the State rarely spends the money on DNA testing. We use this budget constraint to our advantage.

3. The “Prescription Defense”

In Session, one of the drugs was Morphine (a pill).

• The Tip: If the passenger has a valid prescription for that substance, the case against the driver usually collapses immediately. The presumption shifts to the person with the legal right to possess it.

Don’t Transport, But If You Do…

If you are one of the unfortunate souls caught with contraband in a vehicle, remember: Silence is Golden. If you don’t claim it, and your passenger doesn’t claim it, the State has a very hard time proving who owns it.

Call me at (407) 423-1117. Let’s analyze the stop.

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 30 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.

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.