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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