Wrongly Convicted Database Record

 

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Unknown Nast

 

Charge:

Drug Related (Possession or sale)

Sentence:

Years Imprisoned:

Year Crime:

Year Convicted:

Year Cleared:

1976

U.S. State or Country of Crime:

Florida

County or Region of Crime:

City of Crime:

Result:

Judicially Exonerated

Summary of Case:

"Nast was wrongly convicted of possessing marijuana in Florida. Nast's conviction was based on an officer observing a person he was sitting next to on a bench throw a package containing what turned out to be marijuana over an adjacent seawall. In 1976 the appeals court vacated Nast's conviction on the basis that mere proximity was insufficient evidence to establish he possessed the marijuana, and therefore his conviction must be vacated. The Court's ruling stated: "In order to establish constructive possession of contraband when the accused does not have exclusive possession of the premises where the contraband is found, actual knowledge of its presence and the ability to control it may not be inferred but must be proven. The instant record discloses no evidence on which the arresting officer at the time of the arrest could reasonably conclude that the appellant knew of the presence of the marijuana or had the ability to reduce it to his possession and control. Britts [the police officer] saw only that the appellant was in a public place in the middle of the afternoon, apparently conversing with an acquaintance who was caught disposing of the contraband. We hold that these facts, without more, were insufficient to constitute probable cause for the appellant's warrantless arrest based on constructive possession." "

Conviction Caused By:

Innocence Proved By:

"In 1976 the appeals court vacated Nast's conviction on the basis that mere proximity was insufficient evidence to establish he possessed the marijuana, and therefore his conviction must be vacated."

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

Age When Released:

Sex:

Male

Skin/Ethnicity:

Information Source 1:

"Nast v. Florida, D.C.A.Fla. 2, 1976, 333 So.2d 103"

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