Benson v. State

Evidence that officers discovered the drugs in a hollow pen directly under the defendant after they had already searched a third-party's home did not support a finding of mere presence.

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Billy Benson was charged with possession of methamphetamine and found guilty by a jury. Following the denial of his motion for new trial, he appeals. Benson contends the trial court erred in refusing to give two of his written requests to charge. We do not agree and affirm. The evidence presented at trial showed that officers from the East Metro Drug Enforcement Team EMDET, a team from the Walton County Sheriff’s Department, and federal DEA agents executed search and arrest warrants at a house in Monroe where Donald Murphy resided. Officers had previously made a controlled buy of methamphetamine from Murphy. The officers knew that Murphy had been indicted in South Carolina for conspiracy to traffic methamphetamine between that state and Georgia and believed that he was selling methamphetamine at his residence. When the warrants were executed, Murphy and his girlfriend were at home alone. The officers searched the house and seized, bagged, recorded, and secured evidence they found, including methamphetamine, marijuana, pills, drug paraphernalia, various weapons, and U. S. currency.

About three to four hours after the warrants were executed, only four officers remained at the residence. The evidence had been collected and bagged, and one officer was in the kitchen recording evidence on property receipts, when Benson entered the house through a back door and entered the kitchen. The officers immediately put him on the floor and immobilized him. As the officers rolled Benson’s body over to search his pockets after securing him, they discovered a hollow pen casing and a small bag of methamphetamine underneath him. He was arrested and charged with possession of methamphetamine.

Benson v. State

Evidence that officers discovered the drugs in a hollow pen directly under the defendant after they had already searched a third-party's home did not support a finding of mere presence.

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