## Facts

- A police officer stopped Ian Richard Winsor for driving the wrong way on a one-way street in Fulton, Missouri.
- A records check revealed two outstanding warrants (possession of a controlled substance and probation violation), and Winsor was arrested.
- A search at the scene found two partially burned marijuana cigarettes in a cigarette package on Winsor’s person and a small pipe in the vehicle.
- Winsor was taken to the police department for processing before transport to the county jail.
- At the police department, officers asked Winsor if he had anything else on him and warned him that taking drugs into the jail would be a felony; Winsor remained silent.
- During a routine pre-admission search at the Callaway County Jail, a correction officer found a baggie of marijuana in the waistband of Winsor’s shorts.
- Winsor was charged under § 221.111, RSMo 2000 with possession of a controlled substance on county jail premises.
- Winsor waived a jury; the case was tried to the court on a joint stipulation of facts, resulting in a guilty finding, a three-year sentence, suspension of execution, and five years’ probation.

## Issues

1. Whether § 562.011’s “voluntary act” requirement is not met when a defendant is brought to a county jail involuntarily, such that possession of a controlled substance on jail premises under § 221.111 cannot be proved as a matter of law.
2. Whether the stipulated facts were sufficient to support a finding that Winsor voluntarily possessed marijuana on county jail premises.

## Decision

- The Missouri Court of Appeals affirmed the judgment of conviction.
- The court held that § 221.111 requires voluntary possession of a controlled substance while on jail premises, not voluntary presence at the jail.
- The court concluded that Winsor’s continued possession after being asked about additional items and warned of felony liability constituted a voluntary act under § 562.011.
- The stipulated record provided sufficient evidence for the trial court to find all elements of § 221.111 beyond a reasonable doubt.

## Legal Principles

- Criminal liability under § 562.011 requires a voluntary act, but the relevant act is the defendant’s conduct (here, possession), not the voluntariness of being in the location where the statute applies.
- An arrestee’s involuntary presence in jail does not negate voluntariness when the defendant knowingly maintains control over contraband and has a meaningful opportunity to relinquish it.
- Statutes criminalizing possession “on jail premises” are satisfied by proof of possession while on the premises; requiring voluntary entry would effectively defeat the statute because many persons are present in jail due to legal compulsion.
- On a stipulated record, sufficiency turns on whether the admitted facts legally establish each element; continued possession after explicit warning can support a finding of voluntary possession on jail premises.

## Conclusion

The court affirmed Winsor’s conviction, ruling that involuntary transport to jail did not defeat the “voluntary act” requirement because the offense focused on Winsor’s voluntary decision to retain marijuana on his person after warning and before the jail search.


State v. Winsor, 110 S.W.3d 882 (Mo. Ct. App. W.D. 2003)