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Florida Consent to Search Does Not Authorize LEOs to Handcuff

A local Tampa Defense Attorney notes that in Hidelgo v. State, 35 Fla. L. Weekly D18a (Fla. 3d DCA December 23, 2009), a Miami LEO conducted a lawful traffic stop of a vehicle the defendant was a passenger in. The DEA had previously asked the Miami Dade PD to develop reasonable suspicion to stop the car. During the stop, the defendant spoke to the driver in Spanish. This apparently created a safety concern in the LEO's mind, as the LEO did not speak Spanish. The LEO asked both occupants if they mind if he searched the vehicle, and they replied no. He asked the defendant to get out of the car, he patted her down, handcuffed her, and placed her in the back of a police car for around thirty minutes. The LEO admitted that the defendant was not free to leave. Contraband was later found. The court found that the defendant's seizure was unlawful. "We hold that a valid consent to search a vehicle does not authorize law enforcement officers to order the occupants out of the vehicle and place them in handcuffs for a lengthy period of time in the back of a patrol vehicle."

The court discussed the two part test set out in Reynolds v. State, 592 So.2d 1082 (Fla. 1992), specifically: "whether the action was justified at its inception and whether it was reasonably related in scope to the circumstances which justified the interference in the first place . . . We do not suggest that police may routinely handcuff suspects in order to conduct an investigative stop. Whether such action is appropriate depends on whether it is a reasonable response to the demands of the situation. When such restraint is used in the course of an investigative detention, it must be temporary and last no longer than necessary to effectuate the purpose of the stop. The methods employed must be the least intrusive means reasonably available to verify or dispel in a short period of time the officers' suspicions that the suspect may be armed and dangerous …. Absent other threatening circumstances, once the pat-down reveals the absence of weapons the handcuffs should be removed."

Source: Hidelgo v. State, 35 Fla. L. Weekly D18a (Fla. 3d DCA December 23, 2009) (Thanks to Attorney Rocky Brancato) .

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Florida Consent to Search

Florida Prescription Drug Records - Subpoena Not Needed

Tampa Criminal Defense Attorney notes a recent ruling on Prescription records. A trial court had tossed the records and the State appealed. The appeals court ruled it was error to grant motion to suppress records. The records were obtained from a pharmacy by an investigating law enforcement officer. The court discusses Florida Statutes section 893.07(4). The law requires pharmacies to make controlled substance records available to law enforcement officers and does not require pharmacies to notify the patient or withhold such records until a warrant is presented. Notably, the Federal Health Insurance Portability and Accountability Act did not constitute legal basis for suppression of records at issue. Even the privacy provisions of the Florida Constitution did not support suppression of records in this case.

Source: 34 Fla. L. Weekly D2466a
 

Prescription Drug Charges? Tell Me Your Story 1-877-793-9290

Case Results

This website reports news and case law from both reported cases and news media. As of January 1, 2010, The Florida Bar prohibits the reporting of case results obtained by Florida Lawyers in their own cases. The Florida Bar in many instances also prohibits the use of testimonials. The reported position of Florida Supreme Court can be found here. . In short, The Florida Bar and the Florida Supreme Court have ruled: No testimonials; No characterization of services; No past results. The complete opinion of the Florida Supreme Court is located here. The cases reported here are not past results obtained in Mr. W.F. ''Casey'' Ebsary's cases.

Feel free to discuss the facts of your case with Casey to find out how the law may apply to the facts of your case .

Florida Vehicle Search - Caselaw Report

Tampa Criminal Defense Attorney notes recent reported case where the court ruled that the valid consent to search a vehicle does not authorize police / LEO (law enforcement officers) to order occupants out of vehicle and then place them in handcuffs back of patrol car / vehicle. The trial court had ruled that the cocaine was not seized in violation of the 4th Fourth Amendment. The appeals court ruled it was error to deny the vehicle passenger's motion to suppress cocaine. It was alleged that the defendant had abandoned the drugs in the back of police car while she was illegally detained in Florida.

Search and Seizure? Tell Me Your Story Toll Free 1-877-793-9290

This case was Reported at 35 Fla. L. Weekly D18a (2009)

Tampa Drug Defense Attorney - Cocaine

Marijuana Cannabis Charges in Hillsborough County Florida

Tampa Drug Lawyer in Hillsborough County Florida reports that Law enforcement is using rather obscure codes to classify marijuana offenses when they are entered into the various report systems. For your convenience we have decoded a few common cannabis charges:

Drug2103 Possession Of Cannabis Less Than 20 Grams - First Degree Misdemeanor punishable by 12 months in county jail.

Drug2102 Possession Of Cannabis - Third Degree Felony Punishable by 5 years Florida State Prison

Drug2300 Possession Of Cannabis With Intent To Sell - Third Degree Felony Punishable by 5 years Florida State Prison

Drug2500 Manufacture Of Cannabis - Third Degree Felony Punishable by 5 years Florida State Prison

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Marijuana Cannabis Charges in Hillsborough County Florida

Florida Marijuana - Drugs Suppressed

Florida Drug Defense Attorney Lawyer notes - in a Search and seizure ruling, a Miami - Dade - Florida appeals ruling held it was unreasonable for police officer to perform weapons search without having performed a pat-down. Without reasonable suspicion, cop was not justified in proceeding to direct search of defendant merely because he felt uneasy about his safety, nor could he do so based upon blanket department policy.

The Motion: to "suppress the marijuana based upon the unlawfulness of the search, arguing the police had no probable cause or other particularized suspicion to suspect the presence of a weapon."

The Ruling: "In the absence of reasonable suspicion, Officer ... was not justified in proceeding to a direct search ... merely because he felt uneasy about his safety, nor could he do so based upon blanket department policy. At minimum, he was required to perform a pat-down." Drugs found in defendant's pocket during illegal search were tossed.

You can review the decision here:

Victim of Police Misconduct? Tell me Your Story Toll Free 1-877-793-9290 .

http://tampacriminaldefense-attorney.com/ReasonableSuspicionMarijuana.pdf

Source: 34 Fla. L. Weekly D2306b

Marijuana Florida Drug Defense Attorney, Pat Down, Probable Cause, Reasonable Suspicion

Florida Attorney - Cocaine Tossed on Appeal

Tampa Cocaine and Drug Defense Attorney reports a recent decision where the court ruled that a defendant's wife did not voluntarily consent to hand over to officers a purse containing cocaine. The court was concerned since the purse had been concealed under sheets of bed where two male deputies remained in the motel room while the wife was naked in bed.

The cops had twice unsuccessfully searched the room for drugs when they promised her she would not be charged if she cooperated.  The incident lasted for about an hour. Motion to Suppress was granted.

Bad Search? Tell Me Your Story Toll Free 1-877-793-9290 .

Source: 34 Fla. L. Weekly D2080a

Florida Attorney - Lawyer - Cocaine

Tampa Drug Defense Attorney on Knock, Announce, and Arrest Warrants

Tampa Drug Defense Attorney reports that the Exclusionary Rule will be applied to violations of Florida's statutory knock-and-announce rule, according to an appellate court. The court found that a police officer violated Florida's knock-and-announce arrest statute where officer knocked and announced his presence, but failed to announce his purpose before entering motel room and arresting defendant. The court held that it was error to deny the defense motion to suppress evidence seized from motel room and statements made by defendant regarding that evidence.

By way of background, the court discusses the U.S. Supreme Court's ruling in Hudson v. Michigan and found that case does not displace existing Florida precedent, which mandates application of exclusionary rule for violations of  the knock-and-announce statute.

Knock and Announce Violation? Tell Me Your Story Toll Free 1-877-793-9290 .

Source : 34 Fla. L. Weekly D1827c

 

Tampa Drug Defense Attorney on Knock, Announce, and Arrest Warrants

Traffic Stop Pat Down Suppressed

Florida Criminal Defense Expert finds where there was a Pat Down search after valid Traffic Stop, where cop observed defendant and her passenger moving within their vehicle, where the occupants were reaching for something either below or in the center console, Court rules deputy's pat down search of defendant after she was removed from vehicle was constitutionally valid. In a whopper of a ruling, the court then held that it was improper for deputy to keep handcuffs on defendant after the pat down produced no threat to deputy. Then court ruled on the second pat down and held that a second pat down by a different deputy while defendant was handcuffed was illegal. Even though defendant had "consented, " her consent for second deputy to remove what he believed to be a crack pipe from defendant was a submission to authority rather than a voluntary consent. Motion to suppress granted.

Board Certified Criminal Trial Lawyer, Attorney Casey Ebsary is standing by to help Toll Free 1-877-793-9290.

Source: 34 Fla. L. Weekly D1835a

Traffic Stop Pat Down Suppressed

No Warrant - Marijuana Cocaine Motion to Suppress Granted

Tampa, Florida Criminal Defense expert notes that where there had been a warrantless (no Search Warrant) entry into a home, after a consensual encounter on the street, drugs were suppressed where the cops followed the defendant into a home. Suppressed were a plastic bag of marijuana which defendant dropped inside his apartment and also suppress was a baggie of rock cocaine found in search incident to defendant's arrest.

Cop had initiated a consensual encounter with group of men standing outside apartment at public housing complex. Without founded suspicion of criminal activity, the cop followed the defendant. Defendant then turned and darted into and apartment.

Court ruled that "Officer's feeling that something wasn't right" was insufficient to establish the kind of “grave emergency” necessary to rebut presumption that warrantless entry into a residence is unreasonable. even though drugs in the apartment were in plain view, a Plain View seizure would not be proper where officer had no lawful right to be in apartment at time he observed defendant drop bag .

Has your home been entered without a Search warrant. Tell me your story - Toll Free 1-877-793-9290 .

Source: 34 Fla. L. Weekly D1836b

Search Warrant - Marijuana Cocaine Motion to Suppress Granted

Polk County Drug Bust Surveillance Video

The infamous video game drug bust story from Polk County, Florida.

Was your house busted? Tell me your story Toll Free 1-877-793-9290 .

Tampa Possession of Marijuana Lawyer Attorney in Florida

Tampa Possession of Marijuana Lawyer

Notice: Under Florida law all drug convictions can result in a 2-year (24 month) suspension of driver's license.

We defend cannabis charges in the following Tampa Bay area Florida counties: Hillsborough County, Pasco County, Pinellas County, and Polk County. Possible defenses include search and seizure, constructive possession, invalid search warrants, invalid pat-downs, and Miranda violations, to name a few.

You can search our site to find more information about defenses that can be used. We have hundreds of pages of information on Florida Drug Laws and Florida Marijuana and Drug Law News. This site is one of the largest sites on the web devoted to Florida Marijuana and Drug Law News and information.

If you do not find what you are looking for, call us today at
1-877-793-9390 .

Cultivation Manufacture of Cannabis Florida - Attorney Lawyer

Manufacture of Cannabis

Tampa Attorney - Cultivation of Marijuana Laws in Florida - Florida has tough marijuana laws when it comes to manufacture of cannabis. Recently law enforcement has focussed on grow houses. Florida Statutes Section 893.13 applies to cultivation charges. As previously reported here, there have been increased enforcement efforts in Tampa, Hillsborough County Florida.

Board Certified Criminal Trial Lawyer, Attorney Casey Ebsary is standing by to help Toll Free 1-877-793-9290.