Actus Reus/Possession Problem

Dan Deft is arrested on the street for criminal non-support pursuant to a warrant and is subjected to a preliminary (legal) search.  Nothing contraband is found.  He is taken to jail.  Once at the jail, he is more thoroughly searched and a marijuana joint is found in his sock.  Can he be successfully prosecuted for the offenses below if the incident occurred in the relevant jurisdiction?  Why or why not?  Is Martin v. State relevant?  How?  Would it matter if he had been asked to declare any contraband on his person and had not done so?  Why or why not?

Florida Statutes Annotated
§ 951.22. County detention facilities; contraband articles

  (1) It is unlawful, except through regular channels as duly authorized by the sheriff or officer in charge, to introduce into or possess upon the grounds of any county detention facility as defined in § 951.23 or to give to or receive from any inmate of any such facility wherever said inmate is located at the time or to take or to attempt to take or send therefrom any of the following articles which are hereby declared to be contraband for the purposes of this act, to wit:  Any written or recorded communication; any currency or coin; any article of food or clothing; any tobacco products as defined in § 210.25(11); any cigarette as defined in § 210.01(1);  any cigar; any intoxicating beverage or beverage which causes or may cause an intoxicating effect; any narcotic, hypnotic, or excitative drug or drug of any kind or nature, including nasal inhalators, sleeping pills, barbiturates, and controlled substances as defined in § 893.02(4); any firearm or any instrumentality customarily used or which is intended to be used as a dangerous weapon;  and any instrumentality of any nature that may be or is intended to be used as an aid in effecting or attempting to effect an escape from a county facility.

  (2) Whoever violates subsection (1) shall be guilty of a felony of the third degree . . . .

Oregon Revised Statutes
§ 162.185 Supplying Contraband

   (1) A person commits the crime of supplying contraband if:

(a) The person knowingly introduces any contraband into a correctional facility, youth correction facility or state hospital; or

(b) Being confined in a correctional facility, youth correction facility or state hospital, the person knowingly makes, obtains or possesses any contraband.

   (2) Supplying contraband is a Class C felony.

  For cases interpreting these statutes, click here.