Right to Remain Silent – Fourth Amendment in Florida
Some attorneys agree to represent clients in this early stage. Contact with the assigned lawyer for the State can be made and a request to meet or discuss the pending charges is sometimes a good choice.
You have a Fourth Amendment Right to Remain Silent. While contacting the Prosecutor on your own may seem like a good plan, it is not. Anything said by a defendant or potential witness can be used against the suspect. Generally, Prosecutors cannot use statements from the attorney against the client.
Some attorneys agree to represent clients in this early stage. Contact with the assigned lawyer for the State can be made and a request to meet or discuss the pending charges is sometimes a good choice.
“Next time you visit some of the area’s more popular bars, make sure you arrange a ride home if you plan on partaking in more than one or two alcoholic beverages.’
If you are charged with a DUI, call a lawyer ASAP Call (813) 222-2220. Before you even start drinking decide how you will get back home. Then you are thinking clearly and you can choose your best option: designate one person to take everyone home, use tow-to-go, take a taxi, use Uber, Lyft maybe even staying where you are.
Many hearings are now conducted by Telephone or Video, Zoom, or Skype. Some Florida Courts have strict rules for appearing.
The year 2020 generated a lot of changes for us all. Chief among them are how to appear safely court proceedings. To that end, some Florida courts have initiated formal rules of procedures and electronic hearings. While many courts have not overflow of this, these new Federal rules have some common sense tips that we all can find useful.
Some judges have noted that parties have not dressed appropriately for court. Business casual or a suit and tie seems to be the preference for most judges.
Ask yourself, would someone really expect you to be on a beach in Hawaii
while you are involved in an possibly life changing matter in court?
In addition, some software packages allow for changing backgrounds, make sure in the background is appropriate to the formality of the court. Ask yourself, would someone really expect you to be on a beach in Hawaii while you are involved in an possibly life changing matter in court?
Some judges prefer and some courts prohibit appearing from your vehicle.
Make sure your phone and video connection is stable.
Some courts require only one speaker for each party to speak on behalf of their cause. When you’re not speaking try not to interrupt. Make sure you identify herself each time you speak.
Here are the actual rules that for one court that will be in effect starting in early 2021.
Chief United States District Judge, Timothy J. Corrigan encourages litigants to “Please visit the Court’s website for more information about the changes to the Local Rules, including a video presentation (that will qualify for CLE credit) and bullet point summary explaining the changes.”
Florida District Court Rules on Appearing in Court by Telephone or Video, Zoom, or Skype
If a judge conducts a proceeding by telephone or video, a participant:
(1) must dress in professional attire and use a professional background if either is visible,
(2) must use a landline if available,
(3) must designate one speaker for each party or interested person,
(4) must not participate from a vehicle,
(5) must use the mute setting when not speaking,
(6) must try to avoid background noise or other interference,
(7) must wait for the judge to address the participant before speaking and must not interrupt a speaker, and
(8) must start each distinct presentation by saying “this is [name]” or the equivalent.
Transcript: Hundreds of people are arrested every day. You may be one of them. You need a qualified expert. That’s where I come in. I am Casey Ebsary, a trial Attorney here to help you.; Call a Tampa Criminal Defense Lawyer Attorney at our Florida Office 1-877-793-9290. Get some help today.
For more help you can take a look at our client reviews .
“My office is now located in the very neighborhood where I was raised on South Orleans Avenue. I even have the same zip code.”
Reviews of Criminal Defense Lawyers in Tampa
Criminal Defense Lawyer Tampa
If you need a criminal Defense Lawyer, Tampa is the long-time home of our Criminal Defense Law Office in Tampa, Florida. The firm has has expanded our Google Places / Google Maps pages. Here you can check out our client reviews and get directions for a visit. We have also added Photos and videos.
Criminal Defense Lawyer Tampa
20 years ago, I left the Prosecutors office and opened my own office on South Magnolia Avenue. A few years later the office grew and moved to the Channelside District. The journey continues. Since moving from our Channelside office, we have established our practice in Hyde Park. The Law Office of W.F. ”Casey” Ebsary Jr is conveniently located at 2102 W Cleveland St Tampa, Florida 33606 – Close to downtown and to Tampa International Airport. The Hillsborough County State Attorneys office is also nearby. My office is now located in the very neighborhood where I was raised on South Orleans Avenue. I even have the same zip code.
Safe and Sound on Floriduh Beach | Indian Shores Florida | Expert Defense | 813.222.2220
Request For Medical Records Denied | Blood Test Subpoena
Court denied issuance of a subpoena and ruled In a blood test “burden arises from the Constitutional right to privacy in one’s medical records, which requires the State to demonstrate a compelling interest in the disclosure.” A burden that in a rare case was NOT met. These subpoenas are routinely rubber-stamped and almost always issued.
Request For Medical Records Denied | Blood test Subpoena
Reducing Impaired Driving Recidivism – RIDR
First timers can avoid a driving under the influence conviction. This change in policy is important for drivers charged with their 1st driving while impaired. According to Florida law, pretrial intervention programs can are available for a first time driving while intoxicated driver as long as they have spoken with a lawyer, agrees to complete the program.
Over the weekend, a driver in Tesla Model S sedan was arrested and charged with driving while intoxicated when he was found passed out behind the wheel on San Francisco’s Bay Bridge. His blood alcohol content was two times the legal limit. He told the California Highway Patrol officers it was OK: The car was on autopilot.
Tesla’s Latest Crash and driving while intoxicated Incident Reveal the Issue with Autopilot | WIRED
wired.com
St Petersburg Will Try to Seize Vehicles in Driving Under the Influence Cases
Can St Petersburg Seize Vehicles in DWI Cases? YES
“There does not appear to be any legal impediment to adding driving under the influence as a basis for vehicle seizure . . .” said the Attorney for the City of St Petersburg.
St Petersburg Driving While Impaired Vehicle Seizure
One Florida town will join a few others in allowing police to seize the vehicle of a driving under the influence suspect and sell it back to him/her for around $500.00.
The language used by the St. Petersburg City Attorney is, “vehicle seizure and impoundment with a companion administrative fine. ”
Tampa Bay Drunk Driving Convictions and Dismissals by the Numbers
Michael Phelps – Drunk Driving
Michael Phelps – Miracles Happen – From Addiction to Gold Medals
The Recovery of Michael Phelps from 2 DWI charges to “Greatest Olympian of All Time” was a long journey that began with his first Drunk Driving charge in 2004. The miracle began Less than 2 years before his historic run at the 2016 Olympic Games in Rio.
Florida Can Punish Refusal to Submit to a Breath Test
Punish Refusal to Submit to a Breath Test
Supreme Court on Refusal to Submit to a Breath Test
Three Reasons Court Used to Justify Punishment of a Breath Test Refusal
Why does the search-incident-to-arrest doctrine apply to breath and blood tests?
“First, the physical intrusion is almost negligible. Breath tests “do not require piercing the skin” and entail “a minimum of inconvenience.”
“Second, breath tests are capable of revealing only one bit of information, the amount of alcohol in the subject’s breath.”
“Finally, participation in a breath test is not an experience that is likely to cause any great enhancement in the embarrassment that is inherent in any arrest.”
Florida and Other States Can Punish Refusal to Submit to a Breath Test
St. Pete Pride, DUI, and Law Enforcement
St. Pete Pride
DUI Enforcement officers and other law enforcement will swarm St. Pete Pride as over 200,000 will gather this weekend to support and celebrate Florida’s LGBTQ community at the St. Pete Pride Parade.
St. Pete Pride A busy weekend for DUI and Law Enforcement
Florida Supreme Court Sets Arguments on DUI Breath Tests
Second Refusal Breath Test on Trial
Florida Supreme Court will hear arguments Sept. 1 in a challenge to the constitutionality of a state law that allows people to be prosecuted for refusing to take breath tests when suspected of drunken driving.
Punish Refusal to Submit to a Breath Test
Justices issued an order Tuesday scheduling the arguments in the Volusia County case of William Williams, who was stopped in October 2013 on suspicion of driving under the influence. An arresting officer, who did not have a warrant, asked Williams to submit to a breath test to determine blood-alcohol content but Williams refused, according to court documents.
Florida Supreme Court sets arguments on DUI breath tests
An Impaired Driving Cases Guide for Law Enforcement Officers and Expert Witnesses
Originally shared by Law Office of W.F. ”Casey” Ebsary Jr
DUI Cops Are Instructed How to Testify
Notably, they are told not to demonstrate field sobriety tests that they themselves cannot perform. “Always demonstrate how you conducted field sobriety evaluations. Be certain, however, that you can do in court all the evaluations you asked the defendant to perform
Review: The Criminal Justice System: A Guide for Law Enforcement Officers and Expert Witnesses in Impaired Driving Cases
A Guide for Law Enforcement Officers and Expert Witnesses in Impaired Driving Cases
Field Sobriety Exercises Excluded
Epic Fail – Summary of the Field Sobriety Exercises Exclusion Ruling
Field sobriety exercises are inadmissible in this case unless the State of Florida demonstrates their reliability to the Court in a Daubert hearing. The State must show that field sobriety exercises were created using the same rigorous scientific method that is behind every theorem and postulate in science journals before field sobriety exercises can be admitted.
Field Sobriety Exercises Motion to Suppress Granted in Tampa
Field sobriety exercises are inadmissible in this case unless the State of Florida demonstrates their reliability to the Court in a Daubert hearing
Pinellas Deputy Arrested for Attempted Manslaughter
Video cameras did not catch this or were not running and then this happened at a DUI traffic stop. #allegedly “Instead of explaining what actually happened,” the sheriff said, “Deputy Virden made up facts that simply could not have occurred.”
Pinellas deputy arrested for attempted manslaughter
fox13news.com
Doctor on Drugs, Testing and Impairment of Drivers
Tons of interesting questions and surprising answers from a just completed interesting afternoon with a doctor on drugs and testing and impairment of drivers.
DUI – It is only a misdemeanor thought a Miss USA contestant. She did not disclose a conviction, won the title, and then was stripped of her crown when pageant officials got wind of the case.
Number One Traffic Charge for Jail in Hillsborough County, Florida TRAF6075
Driving License Cancelled Suspended Revoked DWLSR
Get a Driver’s License
Of the 1656 ways to go to jail in Tampa, Florida, this is Number 1. TRAF6075 is number one of the top 50 ways to be arrested and placed in the Hillsborough County Jail in Tampa, Florida. There are 1656 ways to go to jail for criminal charges in Tampa. This is Numero Uno #1.
1656 Ways to End Up in the Hillsborough County Jail
Top 50 Ways to Go to Jail
Many of the Top 10 ways to go to jail in Tampa, Florida are traffic crimes. By the way there are about 1656 ways to end up in the Hillsborough County Jail.
Complete List of 130 Florida Criminal Traffic Charges
130 ways to Go to Jail in Traffic Court
There are at least 130 ways to be charged with a criminal traffic crime under Florida law. This is a complete list of criminal traffic charges under Florida Statutes.
130 Florida Criminal Traffic Charges | Complete List
Second Refusal to Submit to a Chemical Test in Florida
The FLORIDA Supreme Court will review Florida Driving Under Influence 2nd Refusal law and whether it is Constitutional to refuse to cooperate with cops in a second refusal to submit to chemical testing.
“Corpus delicti is one of those not-so-glamorous topics that tends to fall through the academic cracks in many law schools. In fact, before having to focus on this subject as a novice prosecutor, my knowledge of it was limited to what my bar exam review instructor had taught me: Corpus delicti is always the wrong answer to an evidence question. ”
Florida Drug Recognition DRE Experts – Five (5) Things to Know
FREE Drunk Driving Defense Book
86 page color illustrated drunk driving Defense book you can research the harsh punishment imposed under Florida’s strict driving under the influence laws. Journey from the arrest at the roadside, to the county jail, to a vehicle being seized.
Jason Miller: “That looks like a very helpful book. I really like the cover.”
Law Office of W.F. ”Casey” Ebsary Jr: “Thanks for the comments. We are looking to expand it with the next edition. Be well. Leslie is a great friend. See you soon.”
Stand Your Ground is a defense to some criminal charges in Florida. There is a high profile stand your ground case in Florida where a defendant shot someone in a parking lot dispute. The Stand Your Ground Defense Trial Live Feed is below. Beneath the video feed we have summarized what is needed to successfully establish self defense use of physical force, weapons, and firearms under state law.
According to CourtTV, “It all happened because of a parking spot dispute. Michael Drejka fatally shot Markeis McGlockton outside a local convenience store.” The network contends, “Shortly before the shooting, Drejka had confronted McGlockton’s girlfriend, Britany Jacobs, for using a disabled parking space with a permit. McGlockton came out of the store and pushed Drejka resulting in Drejka falling to the ground. Drejka drew his firearm and shot McGlockton. McGlockton later died from his injuries at a local hospital.”
Florida Law on Stand Your Ground “a person is justified in using or threatening to use force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to defend himself or herself or another against the other’s imminent use of unlawful force.”
In short, a person is justified in the use of non-deadly force and “does not have a duty to retreat before using or threatening to use such force.” The potential defendant probably will have to testify since hearsay evidence is inadmissible at such hearing.
Use of Deadly Force Law in Florida
“A person is justified in using or threatening to use deadly force if he or she reasonably believes that using or threatening to use such force is necessary to prevent imminent death or great bodily harm to himself or herself or another or to prevent the imminent commission of a forcible felony. A person who uses or threatens to use deadly force in accordance with this subsection does not have a duty to retreat and has the right to stand his or her ground if the person using or threatening to use the deadly force is not engaged in a criminal activity and is in a place where he or she has a right to be.”
“A person who uses or threatens to use force as permitted in § 776.012″ ” is immune from criminal prosecution.” §776.032. When a defendant asserts statutory immunity, the burden of proof by clear and convincing evidence is on the party seeking to overcome the immunity from criminal prosecution provided in subsection (1).
Under § 776.012(1), ” a person is justified in using or threatening to use force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to defend himself or herself or another against the other’s imminent use of unlawful force.” A person who is justified in the use of non-deadly force “does not have a duty to retreat before using or threatening to use such force. ” Id.
“An objective standard is applied to determine whether the immunity provided by these provisions attaches.” Mobley v. State, 132 So.3d 1160, 1164 (Fla. 3d DCA 2014). ” That standard requires the court to determine whether, based on circumstances as they appeared to the defendant when,he or she acted, a reasonable and prudent person situated in the same circumstances and knowing what the defendant knew would have used the same force as did the defendant. ” Id. 1164-1165.
ADMISSIBILITY OF EVIDENCE FOR STAND YOUR GROUND HEARINGS
A defendant has the right to a pretrial evidentiary hearing on his motion to dismiss based on §776.032 immunity. Satyanand v. State, 147 So.3d 662,663 (Fla. 5th DCA 2014). Hearsay evidence is inadmissible at such hearing. McDaniel v. State 24 So. 3d 654, 657-658 (Fla. 2d DCA 2009).
Nixon declared war on drugs. Nancy Reagan just said no. Neither of those were effective strategies to help alleviate the problems flowing from the epidemic of drug abuse that plagues us to this day. Florida Drug Courts have come to their senses and prosecutors are using treatment courts to help people who are otherwise crime-free, seeking help to avoid convictions for serious drug crimes. Check the end of this post you will find the complete transcript of Nixon’s original declaration of war on drugs.
Songwriter and Investigative Journalist Mike Deeson and I worked on an investigative report on the positive impacts of Drug Courts in Florida. 40 years ago, President Richard Nixon declared a war on drugs. 3 years later, in 1974, he said the war was a success. Here is a new song called Florida Drug Court Blues.
“We must wage what I have called Total war against public enemy number one in the United States the problem of dangerous drugs.”
Richard Nixon
Florida Drug Court
In Pinellas County – a different approach Chief Judge Thomas McGrady says 80% of the crimes are related to substance abuse. For the most part the solution of the problem is incarceration. But in situations where they are non-violent and in a situation where we could get to the point where they could become productive members of society. That seems to be a better use of our limited resources to put it towards treatment rather than in prison.
One local sheriff said drug abusers should be in prison that’s working so well that’s keeping the people of this community and this state safe. He urges legislators and the governor to leave it alone. Drug treatment courts are too radical says the sheriff.
“Seeing violent offenders out of prison is too radical , some guy with a machine gun or rocket launcher, somebody who is a violent felon is not going to prison because some non-violent offender is in on a minimum mandatory drug sentence. That is too radical. That’s disturbs me greatly and it happens all the time.”
Sending a drug abuser to prison instead of into a program has a societal cost as well and there is a good chance that the judge will see that same drug abuser in front of him or her once again.
“Prison is graduate school for whatever they were doing before they got in there.”
Casey the Lawyer
At DACCO there is a 6 month residential program that has close to a 70% success rate at the cost of about $10,000 compared that to the average 6.4 year sentence costing taxpayers $124,000 per offender locked up.
As Mike Deeson said, Nixon “declared a war that is clearly being lost .”
Transcript of Richard Nixon’s War on Drugs Speech on June 17, 1971
Ladies and gentlemen:
I would like to summarize for you the meeting that I have just had with the bipartisan leader which began at 8 o’clock and was completed 2 hours later.
I began the meeting by making this statement, which I think needs to be made to the Nation: America’s public enemy number one in the United States is drug abuse. In order to fight and defeat this enemy, it is necessary to wage a new, all-out offensive.
I have asked the Congress to provide the legislative authority and the funds to fuel this kind of an offensive. This will be a worldwide offensive dealing with the problems of sources of supply, as well as Americans who may be stationed abroad, wherever they are in the world. It will be government wide, pulling together the nine different fragmented areas within the government in which this problem is now being handled, and it will be nationwide in terms of a new educational program that we trust will result from the discussions that we have had.
With regard to this offensive, it is necessary first to have a new organization, and the new organization will be within the White House. Dr. Jaffe, who will be one of the briefers here today, will be the man directly responsible. He will report directly to me, and he will have the responsibility to take all of the Government agencies, nine, that deal with the problems of rehabilitation, in which his primary responsibilities will be research and education, and see that they work not at cross-purposes, but work together in dealing with the problem.
If we are going to have a successful offensive, we need more money. Consequently, I am asking the Congress for $155 million in new funds, which will bring the total amount this year in the budget for drug abuse, both in enforcement and treatment, to over $350 million.
As far as the new money is concerned, incidentally, I have made it clear to the leaders that if this is not enough, if more can be used, if Dr. Jaffe, after studying this problem, finds that we can use more, more will be provided. In order to defeat this enemy which is causing such great concern, and correctly so, to so many American families, money will be provided to the extent that it is necessary and to the extent that it will be useful.
Finally, in order for this program to be effective, it is necessary that it be conducted on a basis in which the American people all join in it. That is why the meeting was bipartisan; bipartisan because we needed the support of the Congress, but bipartisan because we needed the leadership of the Members of the Congress in this field.
Fundamentally, it is essential for the American people to be alerted to this danger, to recognize that it is a danger that will not pass with the passing of the war in Vietnam which has brought to our attention the fact that a number of young Americans have become addicts as they serve abroad, whether in Vietnam, or Europe, or other places. Because the problem existed before we became involved in Vietnam; it will continue to exist afterwards. That is why this offensive deals with the problem there, in Europe, but will then go on to deal with the problem throughout America.
One final word with regard to Presidential responsibility in this respect. I very much hesitate always to bring some new responsibility into the White House, because there are so many here, and I believe in delegating those responsibilities to the departments. But I consider this problem so urgent—I also found that it was scattered so much throughout the Government, with so much conflict, without coordination—that it had to be brought into the White House.
Consequently, I have brought Dr. Jaffe into the White House, directly reporting to me, so that we have not only the responsibility, but the authority to see that we wage this offensive effectively and in a coordinated way.
The briefing team will now be ready to answer any questions on the technical details of the program.
Download Transcript of Richard Nixon’s War on Drugs Speech on June 17, 1971
Shoot Out at a Florida Growhouse Florida Growhouse Video Shoot Out Shots Fired at 15 seconds and video ends with smoke detector alert. Florida Growhouse Shoot Out video just obtained by Florida Drug Crimes Lawyer W.F. “Casey” Ebsary, Jr.
Video – Florida Growhouse Shoot Em Up
Traffic Stop for License Plate Frame?
Driver was stopped by an officer because the words “MyFlorida.com” were obscured by a tag frame. The officer later found drugs in the car and the driver was charged with a narcotics offense. #Oops #IFeelSafer.
Don’t hide the letters on your Florida license plate with a frame
Is the Lie Detector Admissible in Federal Court?
In law school and on the street everyone knows that lie detectors are not admissible in court. Wrong!
Lie Detectors in Court are expanding use in Florida again. Some courts are allowing use in testing registered sex offenders & predators as a requirement of sex offender probation and monitoring.
This guy was driving on I-75 in Alachua County near Gainesville Florida home of the Florida Gators. The cop claimed he had cut off a truck, perform a traffic stop, and then called for a drug dog. This case has the shortest delay I have ever seen in any drug dog case.
The Case of the Mysterious Marijuana Delivery from UPS and The Party Animal.
One guy had a hairstyle that was described as being like Popeye with a pipe painted green in his mouth. The cop said that that was consistent with a person who was waiting for a marijuana delivery and detained him. Court ruled even a “pot-smoking sailor hair design” is not enough to save this bust.
Mysterious Marijuana Delivery from UPS and The Party Animal
Can You Legally Grow Your own Weed in Florida?
“The court also finds … that the Florida Department of Health has been, and continues to be non-compliant with the Florida constitutional requirements,” the judge added, referring to the constitutional amendment approved by voters in 2016 that made medical marijuana legal.
Judge: Joe Redner can legally grow his own marijuana
Lie Detectors in Florida Courts
A crew member of a ship claimed he did not know drugs were on board the ship. He was indicted in the Middle District of Florida’s Tampa Division. They indict them all, let the jury sort them out indictment charged many aboard with knowing the ship had drugs on board. This is not a rare claim where smugglers tend to minimize the need to know that 10-100 million dollars of cocaine is on board the vessel. Judge says let them use the polygraph.
Can Drug Charges Destroy Opportunities for Student Financial Aid?
Defense Attorneys Arrested During Defense of Client
Suge Knight attorneys arrested Thursday on warrants alleging they were accessories after the fact to a felony, authorities said, without disclosing what the felony was or what they are believed to have done. #SugeKnight #CopsGoneWild
‘Suge’ Knight attorneys released 1 day after arrest
Win In early round in legal fight to Grow own Marijuana
“I think this is a huge step forward for patients in need of this critical medicine,” Luke Lirot, the attorney who argued the case Dec. 20, said in a statement. #mmj #florida #growyourown #CannabisCommunity
Joe Redner wins an early round in his legal fight to grow his own marijuana
Shocking Stats on #Fentanyl #Deaths in #Florida Download Report.
Florida Department of Law Enforcement FDLE Prescription Drug Death Statistics
Total drug-related deaths increased by 22 percent (2,126 more).
5,725 opioid-related deaths were reported, which is a 35 percent increase (1,483 more). The opioids were identified as either the cause of death or merely present in the decedent.
6,658 (24 percent more) individuals died with one or more prescription drugs in their system. The drugs were identified as either the cause of death or
merely present in the decedent. These drugs may have also been mixed with illicit drugs and/or alcohol.
3,550 (40 percent more) individuals died with at least one prescription drug in their system that was identified as the cause of death. These drugs may
have been mixed with other prescription drugs, illicit drugs, and/or alcohol.
How Is the Weight Determined in Case of a Mixture in Drug Crimes?
Mugshots Are Big Business
Even the Tampa Bay Times, which prominently displays its Pulitzer Prize tally (12), and is behind such upstanding journalistic institutions as Poynter Institute, compiles them alongside a detailed list of physical attributes — gender, height, weight and so on. The images vanish after 60 days from a section that clocks nearly one million views a month, said the paper’s editor, Neil Brown. While he put the site’s news value at the “lowest possible level,” he said that such eyeball grabbing schemes aren’t unusual. “The slippery slope of being a purist is that there’s all kinds of stuff on news sites all over the county that is there for the interest of the audience,” he said. “I don’t think sanctimony over it is entirely well placed — though I don’t begrudge anyone their sanctimony.”
#CopsGoneWild The officer’s alleged trickery was revealed by the fact that his body cam retained footage for 30 seconds before it was activated to begin recording. During that time, according to the footage and the Baltimore public defender’s office, Officer Richard Pinheiro puts a bag of pills in a can in an alley and walks out of the alley.
The Axon cam’s initial 30 seconds of footage, by default, doesn’t have sound. After 30 seconds, viewers of the video can both see and hear the officer looking for drugs in the alley. Lo and behold, he finds them in the same soup can that he placed them in, according to the footage, which was released Wednesday. Pinheiro can then be heard yelling “yo” to his fellow officers, telling them he found drugs in the alley.
Cop’s body cam films him planting drugs—he obviously didn’t know it was recording
Police to Take more Cash from Americans
In 2014, federal law enforcement officers took more property from citizens than burglars did. State and local authorities seized untold millions more.
Jeff Sessions wants police to take more cash from American citizens
washingtonpost.com
Bad Cops and Bad Cases
The majority of the 41 dropped cases are drug-related, but charges of resisting law enforcement, battery or assault and three gun charges have also been dropped so far this year. #CopsGoneWild
Pasco limits number of medical marijuana dispensers to two
Bring a Taser to a Gunfight?
Free Legal Advice – Don’t Bring a Taser to a Gunfight at a Growhouse
Growhouse Weekend Score Update
Assault Rifle 2
Taser 0
What happens when you Bring a Taser to a Gunfight?
You lose. Two guys from South Florida planned on breaking into a Tampa grow house using a couple of tasers. The would-be grow house invaders thought they would sneak around to the back and kick in the back door.
Is there a marijuana grow house in your neighborhood?
What happens when a suspect throws drugs away and the cops find them?
Where drug crime defendants / suspects throw drugs under their vehicles while being removed from the vehicle after a valid traffic stop, a court can rule that the suspect has “voluntarily abandoned” the drugs. A Florida Court has just ruled there was reasonable suspicion to justify a pat down where there was a traffic stop, the target appeared nervous, could not answer some of the officer’s questions, had made a sudden U-turn into an oncoming traffic lane, and then parked facing the wrong direction just prior to the stop. The cop testified that the suspect had a pen clenched in his hand and the officer to believed it could be used as a weapon.
Drug Crimes Question Answer 4th Amendment
“Inevitable discovery is a recognized exception to the exclusionary rule and requires the State to establish that “the evidence would have inevitably been discovered in the course of a legitimate investigation.” Moody v. State, 842 So. 2d 754, 759 (Fla. 2003). See also Nix v. Williams, 467 U.S. 431, 444 (1984) (recognizing and adopting the inevitable discovery exception to the exclusionary rule, and holding that the exclusionary rule should not apply if “the prosecution can establish by a preponderance of the evidence that the information ultimately or inevitably would have been discovered by lawful means”).
What happens when a suspect throws drugs away and the cops find them?
Tweet Looking for Drugs Answered by Sarasota Police
FREE ADVICE: #DontDontDoThis “Who’s in Sarasota and has weed?” Sarasota police quickly responded with a tweet of their own: “If you’d like to stop by our headquarters, our narcotics detectives would be more than happy to talk.”
St Petersburg, Florida Marijuana Civil Citation Program
Complete Text of Tampa Cannabis Ordinance
The City of Tampa Florida, has just passed an ordinance decriminalizing possession of cannabis (less than 20 grams). Hash oil and derivatives are still felonies. The complete text of the new cannabis ordinance is below. The short version: Fines; For a firs…
Tampa Cannabis Decriminalized – Complete Text of Tampa Cannabis Ordinance
Possession of a Controlled Substance – One of over 1500 ways to land in Tampa, Florida’s Hillsborough County Jail
This is the 11th on the list of over 1500 ways to land in Tampa, Florida’s Hillsborough County Jail. Possession of a Controlled Substance is a Third Degree Felony that can be punished by 5 years in the Florida State Prison. Here is a summary of the rather obscure names for drugs under the Florida Controlled Substances laws. We call it our Florida Drug Name Online Dictionary. https://www.drug2go.com/p/drug-dictionary.html
Supreme Court cases have held that a traffic stop “can become unlawful if it is prolonged beyond the time reasonably required to complete the mission” of issuing a ticket . . . . “In this case, the officer abandoned his reason for the traffic stop (writing the seatbelt citation) and instead chose to conduct the sniff of Defendant’s vehicle. Once the officer decided against writing the citation, the purpose for the stop was complete and the justification for the stop was no longer valid.”
Dog Sniff Drug Dog Oxycodone Trafficking Conviction Reversed
Dog Sniff Drug Dog Oxycodone Trafficking Conviction Reversed
What happens in a typical Constructive of Possession of Cocaine Case in Florida?
The conviction of one of multiple occupants of a vehicle was reversed, even though “this case does present circumstances that could be interpreted as incriminating, those circumstances can also be construed as being consistent with . . . innocence.”
Constructive Possession of Cocaine in Florida – Conviction Tossed
Get Tased and Waive Your Rights
You have the right to …. get blasted with a taser and waive your rights. “[S]uspects’ brains are briefly scrambled when they are on the receiving end of a Taser stun gun and its 50,000-volt delivery.”
Study: Suspects shocked by Taser “more likely” to waive Miranda Rights | Ars Technica
arstechnica.com
How to Make Money at Home
How to make a living as a chemist. #Fentanyl “is one of the most potent opiates in human history — 100 times more powerful than morphine, and 50 times stronger than heroin alone. It is now flooding the streets as an addictive recreational drug, adding a terrifying turn to the worst narcotics epidemic in American history.” #WW #WalterWhite #BreakingBad #HomeTalkTuesday
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 everyone was alright. Of course, while there, why not search the house and find some meth. Court says adios to this one.
Medical Marijuana on Florida Ballot in 2016 Says the Supreme Court
Cannabis Reform in St Petersburg, Pinellas County Florida
Intervention and a second chance seems to be a more productive solution than parading them through jail and saddling them with arrest records. #cannabiscommunity
” In other words, intervention and a second chance seems to be a more productive solution than parading them through jail and saddling them with arrest records.”
Marijuana
Is a Search Warrant Required for a Grow Room in a House?
Get a warrant, copper. Even though Bail Bondsman Opened a Grow Room Door and then Called the Cops.
Get a Search Warrant for Grow Room says Florida Supreme Court
How to Beat a Drug Dog Search?
How to Beat a Drug Dog Search? 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.
Drug Sniffing Dog Accuracy 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. Some Judges have expressed concern, but convictions are supported even where, “overall accuracy rate in the field (i.e., the number of times he alerts and his human handler finds drugs) is not much better than a coin flip (59.5%).
Can a Florida Drug Overdose Grant Immunity From Criminal Prosecution?
Usually the answer is “no” However, one recent case involved a victim who was found to be impaired, but not overdosed from heroin. The cop noticed the patient had signs of intoxication that included bloodshot eyes, rambling speech, and swaying. Usually, A person who experiences a drug-related overdose and is in need of medical assistance may not be charged, prosecuted, or penalized pursuant to this chapter for possession of a controlled substance if the evidence for possession of a controlled substance was obtained as a result of the overdose and the need for medical assistance.
Drug Crimes: The People’s Guide to Fighting Like an Expert
Working on first author’s proof for first publication. Drug Crimes Book is nearing completion. Here is a draft of the Table of Contents.
Drug Crimes: The People’s Guide to Fighting Like an Expert
TABLE OF CONTENTS
Introduction: Do You Need a Drug Crimes Defense Lawyer? 6
Vehicle Seizures and Forfeitures 7
Anonymous Tips 7
Traffic Stop by Non Law Enforcement 17
Video Recording of Police Encounters 19
Failure to Follow Proper Procedures 20
The Arrest 21
Targeting Neighborhoods 21
The Field Test for Drugs 21
What About Miranda Rights? 21
Witnesses Required For Court 26
Presumptive Field Testing of Drugs 26
The Driver’s License 27
Florida Drug Crimes License Suspension 27
Summary of Florida Drug Crimes License Suspension Laws 28
Consequences of a Drug Conviction 30
The Court 32
Florida Standard Jury Instruction for Possession and Trafficking in Drugs 32
Jury Trial Victories 33
Acquittal of a Drug Charges 33
The Impact of a Drug Crimes Conviction 36
Vehicle Impounded 36
First Time Drug Crime Penalties 38
Second Time Drug Crime Penalties 39
How to Go to Jail 39
Third time Drug Crime Penalties 40
How to Get a Felony Drug Crime Conviction 40
Drug Court and Avoiding a Conviction 40
Notes 41
Help for Veterans in Veteran’s Treatment Court VTC
Help is available to prepare for disciplinary proceedings. In fact I just spent a day helping a student. Initially, the University does not allow counsel to appear, but we still can help prepare a strategy. The deadlines to respond to these proceedings are tight. The criminal charges that cause the University to take action may not even have been filed.
Video: What Happens when a College Student Gets Arrested?
Transcript of Video: There are two things to address when you’re charged with a crime and you are a student at a university. The first thing that must be addressed is the student Honor Court. Some schools proceed against students, even though the events did not occur on campus. Obviously, the criminal case will go forward in the courts in the jurisdiction where you’re arrest occurred. Both of those must be addressed. We usually help our clients prepare for the honor court hearing. Some schools will expel students for criminal violations that occurred on or off campus.
Notice of Action
The Notice of action by the University of Tampa’s administration may come in the form of an email that reads:
You have been charged with a violation of University policy. During your scheduled pre-hearing, you will receive a copy of the Incident Report Form which describes the alleged violation(s). We would recommend you review the relevant articles of the code of conduct outlined below. . . .
This interview is mandatory whether you plan to state that you are responsible or not responsible for the violation. Failure to attend the schedule appointment will result in an automatic $50 fine and will be considered an indication that (a) you do not wish the benefit of a hearing, (b) you are responsible for all charges, and (c) you will accept sanctions as imposed by the hearing officer. Students who miss their appointments without prior notice will not be rescheduled.
During this interview, you will be advised of the disciplinary process. If the report is accurate and you take responsibility for your actions, your case will not go before a student conduct board unless the hearing officer deems it necessary. If you believe you are not responsible for the violation or if a hearing officer believes it is necessary for you to appear before a student conduct board, s/he will schedule your hearing for the next available date.
Prior to your pre-hearing, please review the student rights and responsibilities found atwww.ut.edu/studentconduct.
Fake ID’s are a concern of the University of Tampa, whether they are used on or off campus.
Here is an excerpt from the University’s rules:
ARTICLE 5 – IDENTIFICATION
A. All students are expected to correctly identify themselves at all times and present this information courteously upon request by a University official or by a law enforcement officer.
B. A University I.D. card is to be used only by its owner. This card may not be loaned, sold, fabricated, altered or transferred.
C. The possession, use, manufacture or sale of falsified government issued or altered identification cards are strictly prohibited. The state of Florida considers the possession and use of fake identification cards as felony offenses.
Criminal Defense Attorney helping a student at the University of Tampa in Tampa Florida near downtown Tampa on Google+ .
