Drug Search Warrant for Marijuana | Reversed on Appeal | Tampa Appeal Lawyer Kenneth Siegel

Conviction for Manufacture of Cannabis
Manufacture Cannabis

Conviction for Manufacture of Cannabis 


Tampa Drug Defense Attorney notes that my good friend Tampa Appeal Lawyer, Ken Siegel  had  a cannabis client's conviction overturned. The defendants "were each charged with manufacture of cannabis, possession of cannabis, and possession of drug paraphernalia as a result of evidence seized during the search of their home." The court found the following language in the Affidavit for Search Warrant did not provide Probable Cause for the Search.

The citizen informant "specifically named [Name Omitted] , provided her vehicle descriptions, tag number and phone number in the messages. He also provided information on her new employment. The citizen specifically stated that [Name Omitted] and her boyfriend, [Name Omitted] were growing marijuana plants in their home and selling cocaine from the residence."

The Court ruled, "The affidavit contained no allegations that anyone actually saw contraband in the couple's residence and there were no facts from which the magistrate could conclude that contraband was and would still be located in the residence at the time the warrant issued. See Rand v. State, 484 So. 2d 1367, 1367 (Fla. 2d DCA 1986) (finding affidavit insufficient for failing to allege the specific time or times when contraband was observed on the premises)." The Second District ruled "We disagree and find that the good faith exception is inapplicable in this case."

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Drug Search Warrant  Marijuana

Source: Case No. 2D09-844