Tampa Drug Crimes Updates

Drugs (Oxycodone) suppressed when officer detained driver to wait for drug dog on seatbelt ticket. Appellant Dravien Jones appeals the denial of his motion to suppress evidence found in his vehicle during a traffic stop. Consistent with the Supreme Court’s recent decision in Rodriguez v. United States, 135 S. Ct. 1609 (2015), we agree with…

What happens in a typical Constructive of Possession of Cocaine Case in Florida? Here are excerpts from what a constructive possession appeals court court just did in Tampa Bay, Florida: In March 2014, Manatee County Sheriff’s deputies were called to a motel in Bradentonto investigate a possible robbery. When they arrived, they encountered the victim…

What Happens When Police Make a Warrantless Entry of a Home for Medical Emergency? Treasure Island, Florida has become a hotbed of the methamphetamine world. So while on patrol, a cop saw an open door with mail on the floor near the mail slot. The decision was made to enter the home and make sure…

Trafficking in Cannabis over 25 pounds is a First Degree Felony punishable by at least three (3) years in the Florida State Prison. This offense is also charged in growhouse cases when there are more that three-hundred (300) plants seized by law enforcement. Forfeiture of assets is a frequent flyer by law enforcement in these…

A Hillsborough County business has challenged the issuance of medical marijuana nursery licenses in Florida. Plants of Ruskin claims it “provided sufficient information in its Application demonstrating entitlement to the requested license pursuant to Chapter 64, FAC.” The grower claims “arbitrary scoring of applications” was the cause of its demise. The grower claims that if…

With a possible legalization of medical marijuana on deck in Florida, many are wondering how can a lawyer advise using the drug or operating a marijuana dispensary without running afoul of the Bar? Now we know the Florida Bar’s position. “Yes [counsel can advise], according to the Bar Board of Governors, which adopted a policy…

The Florida Supreme Court has given the go-ahead for the Medical Marijuana issue to be placed on the ballot in 2016. The opinion concluded: “We therefore approve the proposed amendment and Financial Impact Statement for placement on the ballot.” Who will be eligible for Medical Marijuana? Those who have a ““Debilitating Medical Condition” [that] means…

The Florida Supreme Court just decided a case where a bail bondsman entered a home, then searched behind a locked door. Inside the room, which we will call a “grow room”, they found a growing operation. The one-room operation was cultivating – call it: cannabis, hemp, sinsemilla; pot, dope, grass, weed, Mary Jane, bud, bhang,…

What Does the Supreme Court say about Threats of a Drug Dog Search? Traffic cops and sometimes other law enforcement try to scare citizens by threatening to call in a dog, if they do not consent to a search. Sometimes a defense to drug crimes and seizures of property can be based upon continued detention…

How accurate must a drug sniffing dog be? Courts have frequently addressed drug dogs and drug dog training to evaluate whether the indication of drugs during a walk-around is sufficient to justify a complete search. One court ruled that even though 46 percent of the time, the dog was wrong, that poses no problem to…