Articles Posted in Drug Crimes

Federal and state laws substantially limit the circumstances in which police officers can search you or your stuff without a warrant. Those limits often come into play in Florida drug crime cases, in which debates over how the drugs in question were uncovered by the police can make or break a case. A recent decision from Florida’s Third District Court of Appeal sheds some light on how judges look at search and seizure questions.

Bike on grassA defendant was charged with possession of marijuana, oxycodone, and drug paraphernalia following an incident in which Miami police officers stopped him in an area known as a haven for illegal dirt bike driving. State and local laws generally ban people from riding motorized dirt bikes on public streets. A pair of police officers monitoring the area heard the roar of a dirt bike and saw the defendant driving in their direction. The bike did not have headlights, taillights, turn signals, or a license plate. The officers followed in their patrol car. They activated their lights and siren after the defendant ran a red light. He tried to speed away but fell off the bike.

The cops apprehended the defendant and handcuffed him. They also searched his backpack after he said he had proof that he owned the bike in the front compartment of the bag. Although the defendant specifically asked the officers not to look in the main compartment, they did so after smelling marijuana. They found marijuana, oxycodone, and drug paraphernalia. The defendant eventually entered a guilty plea after a judge refused to exclude the backpack evidence from the case against him.

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Conspiracy is a common charge in Florida drug cases that generally refers to an agreement between two or more people to commit a crime. Many conspiracy cases succeed or fail based on whether prosecutors can actually prove such an agreement. As Florida’s Second District Court of Appeal recently explained, however, prosecutors also have to prove the intent to commit the crime.

gun and moneyTwo defendants were charged with a number of criminal offenses stemming from a shooting and alleged drug conspiracy in Hillsborough County. Prosecutors presented evidence, according to the court, showing that a third man had called one of the defendants to arrange the purchase of a small amount of marijuana. The third man, who the court says suffers from a debilitating medical condition that he treats with marijuana, arrived at the designated transaction place in a car driven by his mother. He called the defendant several times after arriving at the spot. When the two defendants approached the car, the man tried to direct their attention to his mother, who was waving a $20 bill. The defendant who talked to the man on the phone responded by saying “my homeboy’s got it.” He allegedly pulled a gun on the man shortly thereafter and shot the man’s mother in the face when the car sped off.

The defendant who did not talk to the victim on the phone, whose case was separated from the other defendant’s case for trial, was eventually convicted of principal to felony battery causing great bodily harm and conspiracy to deliver less than 20 grams of cannabis. The Second District affirmed the first conviction on appeal. It overturned the drug conviction, however, finding that prosecutors failed to prove a conspiracy. The court explained that prosecutors had to show that the defendant intended to deliver marijuana to the victim and that he “agreed, conspired, combined, or confederated” with another person to deliver the marijuana. There was no evidence of either element of the criminal offense, the court said.

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