Oxycodone Tylox Florida Cop Busted | Video

Oxycodone Tylox Florida Attorney Lawyer

Defense Attorney notes a recent Oxycodone Tylox arrest. The defendant is a Florida cop. The cop "paid $40 for two pills that contained acetaminophen and oxycodone from a confidential informant" according to the Tampa Tribune. "The Orlando Sentinel reported she worked in the drug unit for about two years and knew the informant through her work." says the Tampa media. Tylox capsules contain acetaminophen and oxycodone. Ironically the cop's boss "lamented the "epidemic" of prescription drug abuse and said his agency is working with the Metropolitan Bureau of Investigation to close pill mills."

Florida media also reports the police officer was an "11-year veteran, was arrested on charges of purchase of oxycodone, official misconduct and receiving unlawful compensation for official behavior, all felonies."

Drug Court Public records show the charges as:

1. PURCHASE SCHEDULE I OR II 893.13(2)(a)(1) Second Degree - Felony

2. PUBLIC SERVANT FALSIFY OFFICIAL DOCUMENT 838.022(1)(a) Third Degree - Felony

3. UNLAWFUL COMPENSATION OFFICIAL BEHAVIOR 838.016 Second Degree - Felony




Sources: http://tampabayonline.mobi/tbo/db_6996/contentdetail.htm?pn=2&ps=10&contentguid=vySKgwtp&detailindex=0
http://articles.orlandosentinel.com/2011-11-19/news/os-orlando-polcie-officer-arrested-20111118_1_oxycodone-pills-drug-sting-epidemic-of-prescription-drug
http://www.myfoxorlando.com/dpp/news/orange_news/111811-orlando-police-officer-arrested-for-purchase-of-oxycodone#ixzz1eabIvrHG


Busted? Call a Criminal Defense Expert 813-222-2220

Growhouse Consent Case Dismissed

Consent Search Grow House

Defense Attorney notes a recent Grow House case where despite police allegations that there had been consent to search the house, the consent was invalidated after a finding that the cops had trespassed into the property after entering through a gate. 

Complete Growhouse Consent Search Opinion is located here.

Grow House Searched? Call Me Toll Free 1-877-793-9290

Case Excerpts:

"The police narcotics bureau received an anonymous tip that a home in southwest Miami-Dade County was being used as a marijuana hydroponics lab. The police decided to investigate the house. When the police arrived at the house, they set up surveillance around the perimeter of the property."

"When the defendant used the remote control device inside the car to open the driveway gate to leave, Sergeant Falcon slipped inside the property through the gate as it opened. Sergeant Falcon waived to Detective Murillo to enter the property. Murillo drove his car into the driveway, “a couple of feet” from the defendant’s car, blocking the defendant’s exit through the gate. "

"When Sergeant Falcon slipped into the gate that serendipitously opened while the police were surveilling the property, he committed a trespass onto the defendant’s property. The consent arguably obtained from the defendant after the trespass did not cure the taint of the illegality."

"A yard adjacent to a residential dwelling, particularly one blocked from view from the street, “is clothed with a reasonable expectation of privacy from unreasonable governmental intrusion.” Potts v. Johnson, 654 So. 2d 596, 599 (Fla. 3d DCA 1995) (citing Morsman v. State, 360 So. 2d 137, 138 (Fla. 2d DCA 1978)). “A police officer may be held liable in trespass for entering upon the property of another . . . .” Potts, (citing Guin v. City of Riviera Beach, 388 So.2d 604 (Fla. 4th DCA 1980))."

"Section 810.08(1), Florida Statutes (2008), specifies that an unauthorized entry into a “structure” is a trespass and a second-degree misdemeanor. "

"This case is also distinguishable from the “knock and talk” cases. Here, as in United States v. Quintana, 594 F. Supp. 2d 1291 (M.D. Fla. 2009), this exception will not apply because Sergeant Falcon did not enter the property as a public person would have, through an opening created for that purpose. "

"The defendant’s subsequent consent did not remedy the effect of the illegal entry. There was no break in the chain of events between the illegal entry and the procuring of the consent to the search. When a consent to search is obtained after illegal police activity, such as the illegal entry here, “the unlawful police action presumptively taints and renders involuntary any consent to search.” Gonzalez v. State, 578 So. 2d 729, 734 (Fla. 3d DCA 1991). "

"Therefore, this reversal requires that the trial court, on remand, dismiss the case. "

Source: 36 Fla. L. Weekly D1274a

Growhouse Defense Attorney

Drug Dogs Under Attack in Florida

Search and Seizure

Drug Defense Attorney notes another ruling on Drug Dogs and Sniffs and Vehicles. The Supreme Court bounced charges against a vehicle occupant facing drug charges. Drug Dogs and their handlers are under Attack in Florida again. This case involved a vehicle search where the dog sniffed the door handle of the car, alerted for a drug, and then it became clear that the dog was not even trained for the drug that the cops found in the vehicle.

The Florida Supreme Court ruled in a 44 page ruling that the State must establish probable cause to search interior of vehicle when using a drug-detection dog. The State must demonstrate that the cops had reasonable basis for believing the dog to be reliable. We recently wrote about drug dogs in houses. There is a difference when it comes to vehicle searches.

The Court then addressed how the State must meet that burden. They must present training and certification records, the meaning of the particular training and a certificate for that dog, field records must be introduced to show false positives, and in a recent development, there must be evidence of the experience and training of the officer handling the dog. Proof of training and certification is not enough.

Drug Defense Attorney Lawyer Casey Ebsary has posted the complete Dog Sniff opinion here on Drug2Go.com

Today the Florida Supreme Court held: "We hold the fact that a drug-detection dog has been trained and certified to detect narcotics, standing alone, is not sufficient to demonstrate the reliability of the dog. To demonstrate that an officer has a reasonable basis for believing that an alert by a drug-detection dog is sufficiently reliable to provide probable cause to search, the State must present evidence of the dog‘s training and certification records, an explanation of the meaning of the particular training and certification, field performance records (including any unverified alerts), and evidence concerning the experience and training of the officer handling the dog, as well as any other objective evidence known to the officer about the dog‘s reliability. The trial court must then assess the reliability of the dog‘s alert as a basis for probable cause to search the vehicle based on a totality of the circumstances."

Drug Dog in Your Case? Call Me Toll Free 1-877-793-9290 .


Source: 36 Fla. L. Weekly S163a