Criminal Defense
Since 1993
Since 1993
Arrested at a House Party with Drugs in Orlando? The “Mere Proximity” Defense
House parties can be fun (do they still call them this?). But sometimes, they can turn into a legal nightmare if police show up and find illegal drugs. It’s hard to imagine police arresting people for merely being present at a party where drugs are found, without any further investigation, but it happens all the time here in Orlando.
If you were caught in a situation like this, it is crucial to understand a legal principle known as “constructive possession” and the “mere proximity” defense.
Caught in a Drug Raid at a Party in Orlando? Just being in the same room as drugs is not a crime. Call my office to discuss the State’s lack of evidence and your “constructive possession” defense. Call John Guidry: (407) 423-1117
A Real-World Example: The Case of the Duplex Party
The case of Person v. State illustrates this defense perfectly. 950 So.2d 1270 (Fla. 2d DCA 2007).
- The Scene: Police conducted a SWAT raid on a duplex where a party was taking place. They detained twelve people, including Mr. Person. In the common areas of the house, police found a large quantity of cocaine in plain view.
- The Arrest: Mr. Person had no drugs on his actual person, but he was arrested and later convicted of possession of cocaine along with the others.
- The Appeal: The appellate court overturned the conviction.
The “Mere Proximity” Defense and Constructive Possession
To get that conviction, the State had to prove “constructive possession.” This means that because the drugs were not in Mr. Person’s actual, physical possession, and because twelve people were in the house (what we call “non-exclusive possession”), the State had the high burden of proving two things with independent evidence:
- That Mr. Person knew the drugs were there.
- That he had the ability to exercise dominion and control over them.
The court threw out the conviction for one simple reason: “Mere proximity to contraband is not enough to establish dominion and control.” The State presented zero independent evidence—no fingerprints, no confession, no testimony—to link Mr. Person to the cocaine. Just being at the party was not enough to make him guilty of a crime.
John’s Takeaways
- Being in the same room as drugs is NOT a crime. This is the “mere proximity” defense.
- When multiple people are present, the State must prove “constructive possession” with independent evidence that specifically links you to the drugs.
- The State must prove you both knew about the drugs AND had the ability to control them. Simply seeing drugs across the room does not mean you have control over them.
- Without independent proof, a conviction based on mere presence will likely be overturned, as it was in the Person v. State case.
These fact scenarios happen time and time again here in Orlando. Lucky for you, there’s a defense attorney here who has been successfully arguing these exact motions since 1993. If you’ve been charged with a drug crime simply for being in the wrong place at the wrong time in Orange, Seminole, Osceola, Lake, Brevard, or Volusia County, call my office. Let’s hold the State to its burden of proof.
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.