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GPS Tracking Requires Search Warrant

W.F. ''Casey'' Ebsary Jr. — Wed, 26 Mar 2025 14:48:02 GMT

“police violated the Fourth Amendment prohibition of unreasonable searches by tracking his movements 24 hours a day for four weeks with a GPS device they had installed on his Jeep without a valid warrant”

Why You’re Here: Can Police Use a GPS Tracker Without a Warrant?

GPS Trackers – Have you discovered you were tracked by law enforcement using a GPS device? Did police use cellphone location data or even shoot a “dart” GPS onto your vehicle?

The answer is clear: Prolonged GPS tracking by police is a “search” under the Fourth Amendment and usually requires a warrant.

GPS Trackers and Search Warrant

GPS Trackers have become powerful tools for tracking vehicles, assets, and even people — but when law enforcement uses them, serious Fourth Amendment questions arise. In Florida and across the United States, police must often obtain a valid search warrant before secretly placing a GPS tracker on your vehicle. Without one, evidence gathered through this method could violate your constitutional rights and may be thrown out in court. As a Tampa criminal defense attorney experienced in GPS tracking cases, I help clients fight back when illegal GPS surveillance is used in drug charges, conspiracy cases, and other serious criminal investigations. If you believe you’ve been tracked without a warrant, call me today at (813) 222-2220 or contact me for a free consultation.

Illegal GPS Tracking

Illegal GPS tracking by law enforcement is a growing concern in Florida criminal cases. When police secretly attach a GPS tracker to your car without a valid warrant, they may violate your Fourth Amendment rights. This illegal surveillance tactic is often used in drug trafficking, conspiracy, and other serious charges — but the evidence may be thrown out if challenged. As an experienced Tampa criminal defense attorney, I help clients fight back against illegal GPS tracking and unlawful searches. Call me at (813) 222-2220 or contact me if you believe your rights were violated.

GPS Search Warrant Florida

In Florida, law enforcement must generally obtain a GPS search warrant before placing a tracking device on your vehicle. Without proper judicial approval, GPS surveillance can violate your Fourth Amendment rights, making the evidence inadmissible in court. If you’ve been arrested based on GPS tracking data, an experienced Tampa criminal defense lawyer can challenge the legality of the search. Contact me today at (813) 222-2220 or reach out online to protect your rights.

Police GPS Tracker Defense Lawyer

If police placed a GPS tracker on your vehicle without your knowledge or consent, you need an experienced defense lawyer who understands the complex laws surrounding GPS tracking and the Fourth Amendment. In Florida, police must usually obtain a warrant before using a GPS device to monitor your movements. As a Tampa criminal defense attorney, I help clients fight charges built on illegal GPS surveillance. Contact me at (813) 222-2220 or schedule a consultation today.

FAQ GPS Trackers

What is the Fourth Amendment, and how does it relate to GPS tracking?

The Fourth Amendment to the U.S. Constitution protects individuals from unreasonable searches and seizures. This protection extends to your reasonable expectation of privacy. The key question in GPS tracking cases is whether using a GPS device to monitor your movements constitutes a “search” under the Fourth Amendment.

The original article we wrote in over 10 years ago mentions a case where police used a GPS tracker without a warrant. What case was that, and what did the court decide?

The case was United States v. Jones, 565 U.S. 400 (2012). The Government’s attachment of the GPS device to the vehicle, and its use of that device to monitor the vehicle’s movements, constitutes a search under the Fourth Amendment. In Jones, the Supreme Court held that the attachment of a GPS device to a vehicle, and its use to monitor the vehicle’s movements on public streets, is a search under the Fourth Amendment. The Court’s reasoning was based, in part, on the idea that the long-term, continuous monitoring provided by GPS reveals a wealth of private information. The original text accurately quotes the appellate court decision, which was later affirmed by the Supreme Court.

Does this mean police always need a warrant to use a GPS tracker?

Generally, yes. Jones established that prolonged GPS tracking typically requires a warrant based on probable cause. However, there might be exceptions, such as:

Exigent Circumstances: If there’s an immediate threat to life or evidence is about to be destroyed, police might be able to justify warrantless tracking for a very limited time. This is a narrow exception.
Consent: If you voluntarily consent to having a GPS tracker placed on your vehicle, a warrant is not required.
Plain View: This isn’t directly related to GPS, but if evidence is in plain view (e.g., illegal items visible inside a car), it can be seized without a warrant. This doesn’t justify the placement of a GPS tracker, however.
Short-Term Monitoring: While Jones dealt with long-term monitoring, some courts have grappled with whether very short-term GPS tracking (e.g., a few hours) might be permissible without a warrant. This is a gray area and depends heavily on the specific facts and jurisdiction. It is best practice for law enforecement to obtain a warrant.

What about “dart” GPS trackers that police can shoot at a car?

The use of “dart” trackers, as described in the original text, still falls under the Fourth Amendment. The act of attaching the dart to the car, even without physically entering it, is likely considered a trespass and, when combined with the subsequent tracking, constitutes a search under Jones. A warrant would generally be required.

What if the police use cell phone location data instead of a GPS tracker?

This is a separate but related issue. The Supreme Court addressed this in Carpenter v. United States, 585 U.S. ___ (2018). In Carpenter, the Court held that obtaining historical cell-site location information (CSLI) from a wireless carrier, which reveals a person’s past movements, is a search under the Fourth Amendment and generally requires a warrant. This is because, like GPS data, cell-site location information CSLI can reveal intimate details about a person’s life over time.

What if I’m in California? Does California have any specific laws about GPS tracking?

Yes. The original article we wrote years ago (see below) correctly mentions that California has laws restricting the use of GPS trackers. California Penal Code Section 637.7 PC makes it illegal for a private party (i.e., someone other than law enforcement) to use an electronic tracking device to determine the location or movement of a person without that person’s consent. Law enforcement is generally exempt from this state law, but they are still bound by the Fourth Amendment requirements discussed above (warrant requirement).

What should I do if I believe the police illegally tracked me with a GPS device or obtained my cell phone location data without a warrant?

Do not make any statements to the police. Immediately contact a criminal defense attorney. An attorney can:

Investigate the facts: Determine how the tracking was conducted and whether a warrant was obtained.
File a motion to suppress evidence: If the tracking violated your Fourth Amendment rights, your attorney can file a motion to suppress the evidence obtained from the illegal search. If the motion is granted, that evidence cannot be used against you in court.
Negotiate with the prosecutor: Depending on the strength of the case and the nature of the violation, your attorney may be able to negotiate a plea bargain or even get the charges dismissed.
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Home » GPS Tracking Requires Search Warrant

GPS Tracking Takeaways:

Long-term GPS tracking of a vehicle by law enforcement generally requires a warrant based on probable cause.
Obtaining historical cell-site location information (CSLI) also generally requires a warrant.
If you believe your Fourth Amendment rights have been violated, contact a criminal defense attorney immediately.

GPS Trackers and the Fourth Amendment

Tampa Drug Charge Defense Lawyer, Attorney W.F. “Casey” Ebsary, Jr. reviewed an interesting appeals court decision where police put a GPS Tracking Device on a car and followed him for weeks. The defendant was arrested for Federal cocaine charges. Specifically, “conspiracy to distribute and to possess with intent to distribute five or more kilograms of cocaine and 50 or more grams of cocaine base.” The court summarized a case involving evidence obtained from GPS Device. and commented: “conviction is reversed because it was obtained with evidence procured in violation of the Fourth Amendment.” U.S. v. Maynard, 615 F.3d 544, 568 (D.C. Cir. 2010).

Technology Got You Down? Tell Me Your Story – Call Me (813) 222-2220.

On a side note, California, has made it illegal for anyone except law enforcement to use a GPS to determine the location or movement of a person. In some jurisdictions, GPS tracking of a person’s location without that person’s knowledge is a violation of an individual’s reasonable expectation of privacy.” Some law enforcement agencies use “darts” a miniaturized GPS receiver, radio transmitter, and battery embedded in a sticky compound material. Cops shoot the darts at a vehicle and it sticks to the target tracking begins.

The Court further held “the whole of a person‘s movements over the course of a month is not actually exposed to the public because the likelihood a stranger would observe all those movements is not just remote, it is essentially nil. It is one thing for a passerby to observe or even to follow someone during a single journey as he goes to the market or returns home from work. It is another thing entirely for that stranger to pick up the scent again the next day and the day after that, week in and week out, dogging his prey until he has identified all the places, people, amusements, and chores that make up that person‘s hitherto private routine.”

The appeal centered on defense arguments that “his conviction should be overturned because the police violated the Fourth Amendment prohibition of unreasonable searches by tracking his movements 24 hours a day for four weeks with a GPS device they had installed on his Jeep without a valid warrant. We consider first whether that use of the device was a search and then, having concluded it was, consider whether it was reasonable and whether any error was harmless.” The court ruled that tracking with GPS was a search. A Search Warrant was required.

The Government used the GPS data to show a pattern of travels by the defendant. The Court mentioned, “This case itself illustrates how the sequence of a person‘s movements may reveal more than the individual movements of which it is composed. Having tracked Jones‘s movements for a month, the Government used the resulting pattern — not just the location of a particular ― stash house or Jones‘s movements on any one trip or even day — as evidence of Jones‘s involvement in the cocaine trafficking business. The pattern the Government would document with the GPS data was central to its presentation of the case . . . .” The court further noted, “The GPS data were essential to the Government‘s case. By combining them with Jones‘s cell-phone records the Government was able to paint a picture of Jones‘s movements that made credible the allegation that he was involved in drug trafficking.”

The Court also stated, “A reasonable person does not expect anyone to monitor and retain a record of every time he drives his car, including his origin, route, destination, and each place he stops and how long he stays there; rather, he expects each of those movements to remain ― ‘disconnected and anonymous’.” In closing the Court held, “Society recognizes Jones‘s expectation of privacy in his movements over the course of a month as reasonable, and the use of the GPS device to monitor those movements defeated that reasonable expectation.” The court concluded its forty-one page opinion stating the cocaine trafficking defendant’s, “conviction is reversed because it was obtained with evidence procured in violation of the Fourth Amendment.”

The complete opinion is a free download here.

Technology Got You Down? Tell Me Your Story – Call Me (813) 222-2220.

Pinellas Mental Health Court: A Second Chance for People

W.F. ''Casey'' Ebsary Jr. — Mon, 23 Oct 2023 14:01:31 GMT

In Pinellas County, there’s a special place called the “Mental Health Court” that offers folks a second chance. Let’s find out more about what this program does and how it’s helping people.

This blog post delves into the importance of seeking legal insights in Pinellas County, particularly in Clearwater, FL, to avoid jail time and ensure a smoother legal journey.

A Year of Helping

This program started almost a year ago, and it’s been doing some really important work. It’s like a helpful hand for people who need it.

If you or a loved one need assistance with the Mental Health Court or have questions about legal matters, don’t hesitate to reach out. Contact W.F. “Casey” Ebsary Jr at (813) 222-2220 for expert guidance and support. Your path to a better future starts with a single call. If you are in need of assistance with the Pinellas Mental Health Court or any legal matters, don’t hesitate to reach out for help.

Contact W.F. “Casey” Ebsary Jr. today at (813) 222-2220. With his experience and dedication, he can provide the guidance and support you need to navigate these challenges and build a better future. Your second chance awaits – make the call today.

Making Lives Better

The Mental Health Court is here to make things better for people who have mental health challenges. It wants to help them and keep them out of trouble. This is what the court is all about.

How It Works

People who join this program have to follow some rules. They need to go through a special treatment plan that can last up to 39 months. That’s like going to a doctor to get better.

The Start of Something New

It took about 1½ years to get this program going. First, a group of people worked together to make it happen. Then, they got the money they needed, and the Mental Health Court was born.

Helping, Not Punishing

The Mental Health Court is not like a regular court. It’s what they call a “problem-solving program.” It’s here to figure out why people do things that get them into trouble and help them do better.

Making a Difference

This program in Pinellas is one of 35 mental health courts in Florida. That’s a lot! It got some money from the government to help people, and so far, it’s doing a good job. Many people have joined, and most are doing well.

Working Together

The Mental Health Court is not alone. It works with a group called “Directions for Living” to help people. They find out what kind of help each person needs, like therapy or medicine.

Who Can Join?

Not everyone can join this program. People who did nonviolent things can join, but they must also have a mental health diagnosis from before. The court wants to help those who really need it.

Overcoming Challenges

Some people in this program are homeless, and most don’t know how to handle the legal system. They have many questions, and the court is there to help them with things like getting an ID or figuring out how to get to the court.

Building Trust

In the past, people in this program didn’t have good experiences with the legal system. They didn’t trust it. Now, it’s up to the judge, the prosecutor, and the defense attorney to show them that things can be different this time. They want to build trust and help people have a better future.

More Information About the Mental Health Court

A Different Perspective

The Mental Health Court challenges the conventional approach to justice. Instead of simply punishing individuals who find themselves entangled in the criminal justice system due to mental health challenges, it seeks to understand why these actions occurred. By addressing the underlying issues, the court aims to break the cycle of reoffending and offer individuals a second chance at life.

Understanding the Program

The core philosophy of the Mental Health Court is to understand rather than condemn. When someone enters this program, they embark on a journey that is profoundly different from the standard criminal justice process. They are not seen as mere offenders, but as individuals who may have faced severe mental health challenges, leading to their involvement in nonviolent crimes.

A Journey to Rehabilitation

The process begins with an assessment of the individual’s mental health needs. Understanding their unique challenges is crucial to crafting a tailored treatment plan. This extensive treatment path can span up to 39 months, emphasizing rehabilitation and support. It’s like visiting a doctor to recover from an illness, but in this case, the “illness” is the root cause of their involvement in the criminal justice system.

A Team Effort

The Mental Health Court isn’t just about the judge and the defendant; it’s a collective effort. The court collaborates closely with defense attorneys, prosecutors, and other professionals who are committed to helping individuals overcome their challenges. Together, they work to identify and overcome the obstacles that have led to their involvement in the criminal justice system.

A Beacon of Hope

As of its operation in December 2022, the Pinellas program is one of 35 mental health courts in Florida. It is part of a nationwide movement recognizing the importance of addressing mental health issues within the criminal justice system. A federal grant provided Pinellas County with $550,000, which enables the court to assist up to 40 defendants annually for a two-year period.

Real Impact

The Mental Health Court has already made a real impact in its community. Since its inception, it has received 47 referrals, with 24 individuals accepted into the program. This indicates not only the need for such a program but also the willingness of individuals to embrace this unique approach to rehabilitation. Notably, only one person was discharged due to their inability to complete the program, highlighting the effectiveness of this unconventional but empathetic approach.

Partnerships for Progress

The Mental Health Court doesn’t operate in isolation. It has established a crucial partnership with “Directions for Living,” a mental health services provider based in Clearwater. Together, they assess the unique needs of defendants, providing access to essential therapies and medications. This partnership underscores the commitment to addressing mental health issues comprehensively.

The Right Candidates

The Mental Health Court serves individuals who have committed nonviolent crimes and who have a documented history of mental health diagnoses. It focuses on those who truly need help and rehabilitation rather than punitive measures. By doing so, the court plays a vital role in ensuring that the individuals who enter the program are the right candidates for this transformative journey.

Overcoming Obstacles

Many individuals who enter the Mental Health Court program face significant obstacles. Some are homeless, making their journey to rehabilitation even more challenging. Moreover, navigating the legal system can be a daunting task for those with limited knowledge and resources. Simple tasks, like acquiring identification or finding transportation to court, can be overwhelming. The Mental Health Court is there to provide support and guidance, addressing these fundamental challenges.

Building Trust for a Brighter Future

One significant barrier the court faces is the lack of trust among its participants. Previous encounters with the criminal justice system may not have been positive experiences, leading to skepticism about this new approach. It falls upon the judge, the prosecutor, and the defense attorney to demonstrate that this time will be different. By building trust, they aim to help individuals achieve a better future and break free from the cycle of involvement in the criminal justice system.

The Pinellas Mental Health Court’s innovative “help, not punish” approach is transforming lives, one second chance at a time. It challenges stereotypes and demonstrates that by understanding and addressing the root causes of criminal behavior, individuals can be rehabilitated and offered a path to a brighter future.

If you or a loved one are in need of assistance with the Pinellas Mental Health Court or any legal matters, don’t hesitate to reach out for help. Contact W.F. “Casey” Ebsary Jr. today at (813) 222-2220. With his experience and dedication, he can provide the guidance and support you need to navigate these challenges and build a better future. Your second chance awaits – make the call today.

Criminal Defense Attorney in Apollo Beach, Florida? Meet Casey Ebsary! Criminal Attorney in 33572

W.F. ''Casey'' Ebsary Jr. — Mon, 23 Oct 2023 11:33:07 GMT

Are you facing a legal challenge in Apollo Beach, Florida, and need expert legal guidance? Look no further! Casey Ebsary is a Board Certified Criminal Trial Lawyer who is here to help with your legal needs in and around Apollo Beach. His office is conveniently located just a stone’s throw away from the Hillsborough County Courthouse.

Ready to Get Started?

If you’re in need of legal assistance or guidance, don’t hesitate to reach out to Casey Ebsary and his experienced team. They are here to help you navigate your legal journey with expertise and care.

Why Choose Casey Ebsary?

Casey Ebsary is not just any lawyer; he’s a Board Certified Criminal Trial Lawyer. What does that mean? It means he’s exceptionally skilled and experienced in handling criminal cases. Whether you’re dealing with a legal issue or need expert advice, Casey is the professional you want on your side.

Convenient Office Location

Finding Casey’s office is a breeze. It’s situated near the Courthouse, which is just a short drive from Apollo Beach. The best part? They offer free parking, so you won’t have to stress about finding a parking spot. This means you can focus on what’s most important: your legal concerns.

Tell Us Your Story

Your unique situation is important, and Casey Ebsary wants to hear your story. To discuss your legal matters or get the guidance you need, call his team at (813) 222-2220. They’re approachable, understanding, and ready to assist you.

Summary

When it comes to legal challenges in Apollo Beach, Casey Ebsary is the attorney you can rely on. He’s an expert in handling criminal cases and is dedicated to helping you with your legal needs. Don’t hesitate to reach out to him at (813) 222-2220 for support or advice. Casey and his team are here to listen and assist you on your legal journey.

Ready to Get Started?

Navigating Pinellas County Legal Landscape: Expert Insights to Avoid Jail | Clearwater, FL

W.F. ''Casey'' Ebsary Jr. — Tue, 29 Aug 2023 00:50:11 GMT

The legal landscape can be a complex terrain to navigate, especially when facing potential jail time. In Pinellas County, Florida, residents find themselves in need of expert guidance to steer clear of incarceration. This blog post delves into the importance of seeking legal insights in Pinellas County, particularly in Clearwater, FL, to avoid jail time and ensure a smoother legal journey.

Video – How to Avoid Ending Up in the Wrong Place | Pinellas County Jail | Clearwater, FL

Video Transcript:

Over there is the Pinellas County Courthouse. Behind me is the Pinellas County Jail. The objective is make sure if you end up here, you don’t end up there. 14400 49th Street North Clearwater, FL 33762-2877

Understanding the Legal Landscape:

Pinellas County, known for its beautiful beaches and vibrant communities, also holds a judicial system that requires careful understanding. From minor infractions to more serious offenses, legal matters demand attention to detail, knowledge of local laws, and proper navigation through court processes.

Expert Insights:

The significance of expert legal guidance cannot be overstated. Clearwater, FL, residents facing legal challenges benefit greatly from professionals who possess a deep understanding of Pinellas County’s legal system. These experts not only offer advice but also provide strategies to help individuals stay out of jail and attain the best possible outcome for their cases. The counsel of seasoned legal professionals is a beacon of hope for Clearwater, FL, residents embroiled in legal dilemmas. These experts do more than just offer advice; they provide strategic frameworks that empower individuals to avoid the pitfalls that could lead to incarceration. By leveraging their in-depth understanding of Pinellas County’s legal nuances, these professionals guide individuals toward the best possible outcomes for their cases.

In a region as diverse and dynamic as Pinellas County, Florida, legal matters can quickly become convoluted. This is especially true when the looming specter of jail time enters the equation. Residents of Clearwater, FL, and its surrounding areas require a compass of knowledge and the expertise of legal professionals to safely navigate the intricate pathways of the Pinellas County legal landscape.

The Beacon of Expertise: W.F. Casey Ebsary Jr.:

In the realm of legal expertise, W.F. Casey Ebsary Jr. emerges as a guiding light for those navigating the intricate channels of Pinellas County’s legal system. As a distinguished board-certified criminal trial lawyer in Florida, Casey Ebsary Jr. is not merely a practitioner of the law; he is a beacon of wisdom for Clearwater, FL, residents grappling with legal complexities and striving to avoid jail time.

Avoiding Jail Time:

One of the most pressing concerns for those involved in legal matters is the prospect of jail time. Failing to address legal issues appropriately can lead to unwanted consequences, including incarceration. Expert guidance offers a lifeline to individuals by ensuring they are aware of their rights, understand the charges against them, and are equipped to mount a strong defense.

For many individuals facing legal challenges, the specter of jail time looms large. Failing to address legal issues comprehensively can have dire consequences, potentially resulting in imprisonment. Expert legal guidance acts as a protective shield, ensuring that individuals comprehend their rights, grasp the gravity of the charges against them, and are equipped with the tools to construct a formidable defense.

A Guardian Against Jail Time:

The specter of jail time casts a shadow that can be overwhelming for individuals entangled in legal predicaments. Casey Ebsary Jr.’s expert legal guidance serves as a protective fortress, shielding individuals from potential incarceration. Armed with an intricate understanding of Pinellas County’s legal nuances, he empowers individuals to grasp the gravity of their situation, comprehend their rights, and build an effective defense strategy.

Expertise Tailored to Clearwater, FL:

Legal insights in Pinellas County must be tailored to the unique circumstances of Clearwater, FL. This includes understanding local ordinances, court procedures, and legal precedents that could impact case outcomes. Seeking guidance from professionals with a localized approach can make a significant difference in the outcome of legal proceedings.

Pinellas County, known for its pristine beaches and vibrant communities, possesses a judicial system with layers that can be bewildering to the uninitiated. Whether individuals are facing minor infractions or more serious charges, a firm grasp of local ordinances and an understanding of the court procedures are essential to ensure a fair and just resolution.

Legal insights, while invaluable, must also be tailored to the unique characteristics of Clearwater, FL. This encompasses familiarity with local ordinances, familiarity with court proceedings, and awareness of legal precedents that could sway case outcomes. Seeking guidance from professionals who take a localized approach can profoundly impact the trajectory of legal proceedings.

The Cornerstone of Pinellas County’s Legal Landscape:

Clearwater, FL, is a vibrant community nestled within the intricate tapestry of Pinellas County. Its legal landscape, like any other, presents challenges that necessitate seasoned insight. Casey Ebsary Jr., with his extensive experience, stands as a cornerstone for those who find themselves at the intersection of legal jeopardy and the aspiration to steer clear of jail.

Tailored Wisdom for Clearwater, FL:

Legal wisdom, much like a fine suit, must be tailored to fit the nuances of a specific locale. Casey Ebsary Jr. recognizes that legal insights must be deeply rooted in the intricacies of Clearwater, FL. This requires an understanding of local ordinances, an awareness of court procedures, and an appreciation for legal precedents that could sway the course of a case. With this localized approach, he offers a vantage point that enhances the odds of a favorable outcome.

Navigating Complex Procedures:

From court appearances to document submissions, legal procedures can be intricate and time-consuming. Expert guidance not only simplifies these processes but also helps individuals avoid potential pitfalls that could lead to incarceration. A well-informed approach minimizes the stress associated with legal proceedings and increases the likelihood of a favorable resolution.

Simplifying Complex Procedures:

Legal procedures, often intricate and labyrinthine, can boggle the mind. This is where expert guidance shines most brightly. Professionals versed in Pinellas County’s legal landscape can streamline these processes, ensuring that individuals do not stumble into traps that could lead to their confinement. An informed approach not only reduces the stress associated with legal proceedings but also heightens the likelihood of a favorable resolution.

Simplifying the Complex:

The labyrinthine nature of legal proceedings can bewilder even the most resolute individuals. Casey Ebsary Jr.’s expertise simplifies these complex procedures, transforming them from intimidating obstacles into manageable steps. His insights guide individuals through the maze of court appearances, document submissions, and legal intricacies, all while ensuring they sidestep the potential pitfalls that could lead to imprisonment.

Building a Strong Defense:

In legal matters, a strong defense can make all the difference. Expert legal insights enable individuals to craft a robust defense strategy based on the specifics of their case. This includes gathering evidence, interviewing witnesses, and presenting a compelling argument in court—all with the aim of securing the best possible outcome.

Constructing an Impenetrable Defense:

The battlefield of legal matters is one where a robust defense can turn the tide of a case. Expert legal insights provide individuals with the blueprints for constructing an unassailable defense strategy. From compiling evidence to interviewing witnesses and delivering compelling arguments in court, these insights equip individuals with the arsenal they need to secure the most favorable outcomes possible.

Forging an Unassailable Defense:

In the arena of legal battles, a well-forged defense is akin to an impregnable fortress. Casey Ebsary Jr.’s expertise provides individuals with the blueprints to construct such a defense. He aids in assembling the necessary evidence, orchestrating witness interviews, and articulating persuasive arguments in court. With his guidance, individuals can confront legal challenges head-on, armed with the tools to secure favorable outcomes.

Conclusion:

When it comes to legal matters in Pinellas County, particularly Clearwater, FL, seeking expert guidance is not just a choice; it’s a necessity. Avoiding jail time and achieving a favorable resolution hinge on understanding the intricacies of the local legal landscape. By partnering with professionals who possess deep insights into Pinellas County’s legal system, individuals can navigate the complexities of their cases with confidence, ensuring a smoother journey through the legal process. Remember, in the face of legal challenges, seeking expert guidance can make all the difference in securing a brighter legal future.

In Closing:

When confronted with legal challenges in Pinellas County, particularly in Clearwater, FL, seeking expert guidance isn’t just prudent; it’s essential. The prospect of avoiding jail time and securing a favorable resolution rests heavily on one’s understanding of the intricate legal landscape. Partnering with professionals deeply entrenched in Pinellas County’s legal system empowers individuals to navigate the complexities of their cases with assurance. As you face legal hurdles, remember that the decision to seek expert guidance could be the pivotal step toward a more promising legal future.

Closing Thoughts: The Edge:

In the face of legal hurdles in Pinellas County, particularly within the heart of Clearwater, FL, the guidance of an expert board-certified criminal trial lawyer like Casey Ebsary Jr. becomes indispensable. His ability to illuminate the path forward, reduce the looming threat of jail time, and enable individuals to traverse the complexities of their cases with conviction is the hallmark of his dedication. With Casey Ebsary Jr. as a guide, the intricate maze of Pinellas County’s legal landscape becomes navigable, offering a brighter legal horizon to those in need.

Law Enforcement at the Gasparilla Pirate Festival

W.F. ''Casey'' Ebsary Jr. — Tue, 24 Jan 2023 17:23:36 GMT

The Role of Law Enforcement at the Gasparilla Pirate Festival

Local law enforcement agencies such as the Tampa Police Department, Hillsborough County Sheriffs, and Florida Highway Patrol will be present at the Gasparilla Pirate Festival to ensure the safety and security of all attendees. They will be enforcing laws and regulations related to alcohol, drugs, and disorderly conduct, among other things. Law enforcement will also be present to manage traffic and parking, and to assist in case of emergencies.

How to Stay Safe and Avoid Legal Issues at the Gasparilla Pirate Festival

Be aware of and obey all laws and regulations related to alcohol, drugs, and disorderly conduct. Follow all instructions and guidelines provided by law enforcement and event organizers. If you are drinking, do so responsibly and do not drive or operate a boat under the influence. Keep an eye on your belongings and be aware of your surroundings to avoid theft or other crimes.

What to Do if You Encounter Law Enforcement at the Gasparilla Pirate Festival

If you encounter law enforcement at the festival, it’s important to remain calm and cooperative. Provide any requested identification or documentation, but do not volunteer any other information. If you are arrested or detained, you have the right to speak with an attorney before answering any questions or making any statements. Remember that you have the right to remain silent and to not incriminate yourself.

Alcohol and Drug Laws

Alcohol consumption is legal for adults over 21, but it’s illegal to operate a vehicle or boat under the influence, driving under the influence (DUI) or boating under the influence (BUI) is a serious crime in Florida that can result in severe penalties, fines, license suspension and potential jail time. The possession, use, and sale of illegal drugs is prohibited by law and can lead to arrest and prosecution.

Crowd Control

Law enforcement will be present at the festival to manage crowd control and ensure the safety and security of all attendees. If you encounter any issues related to crowd control, such as a blocked pathway or overcrowded area, follow the instructions of law enforcement and event organizers.

Conclusion

The Gasparilla Pirate Festival is a fun and exciting event, but it’s important to ensure the safety and security of all attendees. Local law enforcement agencies will be present at the festival to ensure the safety and security of all attendees and enforce laws and regulations related to alcohol, drugs, and disorderly conduct, among other things. To stay safe and avoid legal issues at the festival, be aware of and obey all laws and have a great time.

This information was researched using assistive intelligence technology AI.

How to Get Arrested at the Gasparilla Pirate Festival?

W.F. ''Casey'' Ebsary Jr. — Thu, 19 Jan 2023 06:41:40 GMT

How to get arrested at the Gasparilla pirate fest?

The Gasparilla Pirate Festival, also known as the Gasparilla Pirate Invasion, is an annual event that takes place in Tampa, Florida. The festival is known for its pirate-themed parade and festivities, which attract thousands of people from all over the country. However, with such a large crowd and an abundance of alcohol, it’s not uncommon for people to get arrested at the event. In this article, we will discuss the number of arrests that occur at the Gasparilla Pirate Festival and the reasons behind them.

Arrest numbers

The number of arrests made at the Gasparilla Pirate Festival varies from year to year. According to data from the Tampa Police Department, in 2019, a total of 57 people were arrested at the event. The majority of these arrests were for misdemeanors such as disorderly conduct, possession of open containers of alcohol, and resisting arrest without violence. In 2020, police arrested 69 people during the parade and related events. The most common charges were for disorderly conduct and alcohol offenses.

Reasons for Arrests

The most common way to get arrested and the reason for arrests at the Gasparilla Pirate Festival is related to alcohol. Many people consume alcohol in excess, which can lead to disorderly conduct, public drunkenness, and other alcohol-related offenses. Additionally, many people choose to drink in public areas, which is illegal.

Another common reason for arrests is related to disorderly conduct. Crowded events such as the Gasparilla Pirate Festival can be chaotic, and people may become involved in fights or other altercations. This can lead to arrests for disorderly conduct or other related offenses.

Another reason for arrests is related to drugs. Possession of illegal drugs can lead to arrests, and drug offenses are taken very seriously by law enforcement.

Arrests and the Law Enforcement’s Role

The Tampa Police Department and other law enforcement agencies are responsible for maintaining order at the Gasparilla Pirate Festival. They work to keep the event safe for everyone by enforcing laws and regulations and making arrests when necessary. The police department establishes a strong presence at the festival to deter criminal activity and to quickly address any issues that may arise.

Conclusion

The Gasparilla Pirate Festival is a fun and exciting event that attracts thousands of people from all over the country. However, with such a large crowd and an abundance of alcohol, it’s not uncommon for people to get arrested at the event. The most common reasons for arrests at the festival are related to alcohol, disorderly conduct, and drugs. The Tampa Police Department and other law enforcement agencies are responsible for maintaining order at the event and make arrests when necessary. In 2019 and 2020, the number of arrest were 57 and 69 respectively.

It’s important to remember that the goal is to have a good time, but also to be aware of the laws and regulations to avoid getting arrested. Familiarize yourself with the local laws and regulations, be aware of your surroundings, drink responsibly, respect the police and other authority figures, don’t bring prohibited items and know your rights. With these tips in mind, you can enjoy the Gasparilla Pirate Fest safely and responsibly.

This information was generated using assistive intelligence technology AI.

Is Cannabis Use Legal at the Gasparilla Pirate Fest?

W.F. ''Casey'' Ebsary Jr. — Thu, 19 Jan 2023 06:27:59 GMT

Is Cannabis use legal at the Gasparilla pirate fest?

The use of cannabis, also known as marijuana, is currently illegal in the state of Florida. This includes the use of medical marijuana, which is only legal for certain qualified patients under state law. Therefore, cannabis use is not legal at the Gasparilla Pirate Fest or any other public event in Florida.

Possession of Cannabis in Tampa, Florida

In 2016, Florida voters approved a constitutional amendment (Amendment 2) to allow the use of medical marijuana for certain qualified patients. However, the possession, use, and sale of marijuana for recreational use remains illegal under state law. Florida Statutes, Title XLVI, Chapter 893, prohibits the possession, use, or sale of marijuana, and provides penalties for violation of these laws. Possession of 20 grams or less of marijuana is a first-degree misdemeanor, which can result in up to one year in jail and a fine of up to $1,000. Possession of greater amounts can result in more severe penalties, including prison time.

Cannabis Remains Illegal Under State and Federal Laws

It’s important to note that although marijuana is legal for medicinal use in some states and for recreational use in some states and countries, it remains illegal under federal law. The use of marijuana is a violation of the federal Controlled Substances Act (CSA) and is classified as a Schedule I controlled substance. This means that it is illegal to manufacture, distribute, or possess marijuana.

Law Enforcement Presence

During the Gasparilla Pirate Fest, local law enforcement agencies such as the Tampa Police Department, Hillsborough County Sheriffs, and Florida Highway Patrol will be present to enforce the laws and regulations of the state of Florida. This includes enforcing the laws related to marijuana possession and use. Therefore, it’s illegal to use or possess marijuana during the Gasparilla Pirate Fest and can lead to arrest and penalties.

Conclusion

In conclusion, the use of cannabis, also known as marijuana, is currently illegal in the state of Florida, including the use of medical marijuana. It’s illegal to use or possess marijuana during the Gasparilla Pirate Fest and can lead to arrest and penalties. The possession, use, and sale of marijuana for recreational use is prohibited by Florida Statutes and is classified as a Schedule I controlled substance under federal law. Local law enforcement agencies will be present during the event to enforce the laws and regulations of the state of Florida.

This information was generated using assistive intelligence technology AI.

How Many People Get Arrested at the Gasparilla Pirate Festival?

W.F. ''Casey'' Ebsary Jr. — Thu, 19 Jan 2023 06:17:36 GMT

With a large crowd and an abundance of alcohol, it’s important to be aware of the laws and regulations to avoid getting arrested. Here are some tips on how to avoid getting arrested at the Gasparilla Pirate Fest in 2023

Arrest Numbers at the Gasparilla Pirate Festival

According to data from the Tampa Police Department, in 2019, a total of 57 people were arrested at the event. (Source: Tampa Police Department)

In 2020, police arrested 69 people during the parade and related events. (Source: Tampa Police Department)

Common Reasons for Arrests

Alcohol-related offenses, such as disorderly conduct, public drunkenness, and possession of open containers of alcohol.
Disorderly conduct, such as fights or other altercations.
Possession of illegal drugs.

The Role of Law Enforcement at the Gasparilla Pirate Festival

The Tampa Police Department and other law enforcement agencies are responsible for maintaining order at the Gasparilla Pirate Festival. They enforce laws and regulations and make arrests when necessary to keep the event safe for everyone. A strong police presence is established at the festival to deter criminal activity and quickly address any issues that may arise.

Conclusion

In conclusion, the number of arrests made at the Gasparilla Pirate Festival varies from year to year, but it’s not uncommon for people to get arrested. The most common reasons for arrests at the festival are related to alcohol, disorderly conduct, and drugs. The Tampa Police Department and other law enforcement agencies are responsible for maintaining order at the event and make arrests when necessary. It’s important to remember that the goal is to have a good time, but also to be aware of the laws and regulations to avoid getting arrested. Familiarize yourself with the local laws and regulations, be aware of your surroundings, drink responsibly, respect the police and other authority figures, don’t bring prohibited items and know your rights. With these tips in mind, you can enjoy the Gasparilla Pirate Fest safely and responsibly.

This information was generated using assistive intelligence technology AI.

How to Avoid Getting Arrested at the Gasparilla Pirate Fest in 2023?

W.F. ''Casey'' Ebsary Jr. — Thu, 19 Jan 2023 06:05:32 GMT

The Gasparilla Pirate Fest is an annual event that takes place in Tampa, Florida, where thousands of people come to celebrate and enjoy the pirate-themed parade and festivities. However, with a large crowd and an abundance of alcohol, it’s important to be aware of the laws and regulations to avoid getting arrested. Here are some tips on how to avoid getting arrested at the Gasparilla Pirate Fest in 2023:

Know the Laws and Regulations

Familiarize yourself with the local laws and regulations regarding alcohol consumption, disorderly conduct, and other potential issues.
Understand the consequences of breaking these laws, including potential fines and imprisonment.
Be aware of your surroundings
Keep an eye on your belongings, as theft can occur in crowded areas.
Avoid large crowds and stay away from any potential conflicts or fights.
Drink Responsibly
If you choose to consume alcohol, do so responsibly and in moderation.
Keep in mind that it is illegal to drink in public areas, and that the legal drinking age in Florida is 21.
Be aware of the effects of alcohol on your behavior and decision-making.
Respect the police and other authority figures
Follow the instructions of police officers and other authority figures.
Do not argue or resist arrest, as this will only make the situation worse.
Don’t bring prohibited items
Be aware of the items that are prohibited at the event, such as weapons and illegal drugs.
If you are found to be in possession of these items, you may be arrested.
Know your rights

Understand your rights as a citizen, including the right to remain silent and the right to an attorney.

Stay in Control

Keep your emotions in check and avoid getting into arguments or fights.
Remember that the goal is to have a good time, not to get arrested.

Travel in Groups

Going to the Gasparilla Pirate Fest with friends or family can help you stay safe and avoid trouble.
Stick together and look out for one another.
Be prepared for the weather

Conclusion

In conclusion, the Gasparilla Pirate Fest is a fun and exciting event, but it’s important to be aware of the laws and regulations to avoid getting arrested. Familiarize yourself with the local laws and regulations, be aware of your surroundings, drink responsibly, respect the police and other authority figures, don’t bring prohibited items, know your rights, stay in control, travel in groups and be prepared for the weather. Remember that the goal is to have a good time, not to get arrested. With these tips in mind, you can enjoy the Gasparilla Pirate Fest safely and responsibly.

Florida Drug Court Blues – Video

W.F. ''Casey'' Ebsary Jr. — Thu, 11 Jul 2019 05:17:57 GMT

Drug Court

Nixon, The War on Drugs, and Drug Courts – Video

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.

Sentencing offenders to treatment instead of prison offenses costs taxpayers more than 377 million dollars a year.

“Drug offenders are not bad people trying to get good, they are sick people who can get well.”

Casey the Lawyer

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.”

Casey the Lawyer

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 .”

Here is Mike’s Youtube Channel

youtube.com/channel/UClSXAwjKZLJxq0cy0VhtuXg/videos

Drug Treatment Court Resources

Drug Treatment Courts in Florida

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.

Drug Crime Stories

W.F. ''Casey'' Ebsary Jr. — Tue, 09 Apr 2019 18:07:29 GMT

Drug Crimes Stories From Google+ 2 Million Views and Over a 1000 Followers Can’t Be Wrong.

Drug Crimes Stories From Google+

Video – Florida Growhouse Shoot Em Up

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. tampabay.com/florida-politics/buzz/2018/05/09/dont-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.

Photographer Arrested for Recording Drug Bust on Video

Can the #police arrest a citizen reporter recording police actions on a city street? What do you think? #CopsGoneWild

Drug Bust on Video | Photographer Arrested

Doggie Delayed is Justice Denied?

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.

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 a Student Lose Financial Aid for the Possession or Sale of Illegal Drugs That Occurred While Receiving Federal Student Aid?

Yes.

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

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

tampabay.com/news/Joe-Redner-wins-an-early-round-in-his-legal-fight-to-grow-his-own-marijuana_164820715

Joe Redner wins an early round in his legal fight to grow his own marijuana

Shocking Stats on #Fentanyl #Deaths in #Florida Download Report.

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.

#HowTo Determine Weight of a Mixture in #DrugCrimes? One Court Just Changed the Rules

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.”

themarshallproject.org/2017/06/03/mugged#.NIfiWAtnf

Mugged!

themarshallproject.org

Cop Caught Planting Drugs

#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.

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

news4jax.com/news/state-attorney-dropping-cases-amid-questions-about-officers

State attorney drops 41 cases over officers’ issues

news4jax.com

Restrictions on Medical Marijuana Dispensaries

Another #Florida limit on #marijuanalaws #mmj

tampabay.com/news/localgovernment/pasco-limits-number-of-medical-marijuana-dispensers-to-two/2314024/

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.

Bad move: the occupant(s) were waiting locked and loaded.

Don’t Bring a Taser to a Gunfight at a Growhouse

Florida Court Reverses Constructive Possession of Drugs Conviction

Constructive Possession of Drugs in Florida

Florida Drug Dog Sniff Case Overturned

#dog #dogs #gooddog #baddog

Another Florida Drug Dog Sniff Case Overturned

Complete List of Florida Controlled Substances

Ultimate #Complete #List of #Illegal #Drugs in #LoveFL

Is There a Marijuana Grow House in Your Neighborhood?

Probably YES. Another Weed Growing Operation was Raided in a quiet Florida residential neighborhood

#cannabiscommunity, #cannabislaws, #marijuana, #norml

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”).

#PatDown InevitableDiscovery #Abandonment #TrafficStop #4thAmendment, #FourthAmendment #StopFrisk

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.”

#CannabisCommunity #CannabisLaws #Weed

Why America Can’t Quit the Drug War

Despite strides toward a more sane national drug policy, the deeper infrastructure of the War on Drugs remains fundamentally unaltered.

rollingstone.com/politics/newWhy America Can’t Quit the Drug Wars/why-america-cant-quit-the-drug-war-20160505#ixzz47uGB1UdY

rollingstone.com

Orlando Florida Marijuana Decriminalization Cannabis Ordinance

#MickeyMouse joins the ranks.

Florida Marijuana Decriminalization – Orlando Florida Cannabis Ordinance

Tampa Cannabis Decriminalized Ordinance

Map of #Cannabis Ordinance Violations in #Tampa #CannabisCommunity #CannabisLaw Tampa targeting vehicle traffic stops #Cannabis citations.

Tampa Cannabis Decriminalized – Complete Text of Tampa Cannabis Ordinance

Weedman Arrested Again

#BreakingNews Weedman has been arrested again on marijuana charges after law enforcement raided his restaurant and cannabis temple.

#WeedMan #CannabisLaws #CannabisCommunity

providencejournal.com/news/20160428/marijuana-advocate-dubbed-nj-weedman-arrested-again-for-pot

Marijuana advocate dubbed NJ Weedman arrested again, for pot

providencejournal.com

St Petersburg, Florida Marijuana Civil Citation Program

St Petersburg, Florida is next in line to decriminalize cannabis.

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.

DRUG9101 POSSESSION OF CONTROLLED SUBSTANCE

Seatbelt Ticket Becomes a Felony

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

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.”

https://arstechnica.com/tech-policy/2016/02/study-suspects-shocked-by-taser-more-likely-to-waive-miranda-rights/

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

The Walter White of Wichita

interactive.fusion.net

Drugs, DUI, and Chemical Testing

Just completed an interesting afternoon with a doctor in seminar on drugs and testing and impairment of drivers.

dui2go.com/drug-dui-and-cannabis-in-the-courts/

Drug DUI and Cannabis in the Courts

Cops Walk in House With No Warrant

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.

Methamphetamine Case Tossed – Open Door and the Community Caretaker Function

Top 50 Ways to Go to Jail

Many of the Top 10 ways to go to jail in Tampa, Florida are drug crimes. By the way there are 1656 ways to end up in the Hillsborough County Jail.

Definitive List of Florida Drug Crimes.

250 Types of Drug Crimes

How Were Medical Marijuana Nurseries Chosen in Florida

A Hillsborough County business has challenged the issuance of medical marijuana nursery licenses in Florida. #CannabisCommunity

How were Medical Marijuana Nurseries Chosen in Florida? Medical Marijuana on Trial in Hillsborough County Florida

Florida Medical Marijuana Legal Advice – How To

Can a lawyer advise a client about Medical Marijuana without Violating Bar Rules?

#HowTo #CannabisCommunity

Medical Marijuana Legal Advice – Can a lawyer advise a client about using the drug or operating such a business without running afoul of the Bar?

Medical Marijuana Back on 2016 Ballot in Florida

“We therefore approve the proposed amendment and Financial Impact Statement for placement on the ballot.” said Florida’s Highest Court.

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.

How to Beat a Drug Dog Search?

How Accurate Must a Drug Sniffing Dog Be?

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%).

Drug Sniffing Dog Accuracy Update

Motion to Suppress

Appeals court ruled that the defendant’s actions in answering questions and producing bag of marijuana for officers were not voluntary.

Marijuana Motion to Suppress

Drug Court Pre Trial Intervention in Florida

To avoid a conviction in the Drug Court system someone must:

1. Not have a prior felony conviction in the State of Florida or any other location;

2. Agree they have a substance abuse and or addiction problem;

3. Be able to comply with the programs requirements & rules;

4. Have your own transportation in order to attend your appointments

5. Be approved by the State Attorney’s Office, the Department of Corrections, Drug Pre-Trial Intervention and DACCO (treatment agency)

Drug Court Pre Trial Intervention in Florida

The First Fab Five Growers of Florida Marijuana

Florida just announced the first five licensed marijuana growers in Florida. Here is the list . . .

Marijuana Growers Florida

Marijuana Growers in Florida – The First Fab Five

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 Book Cover

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.

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

Good news for veterans in trouble in Tampa.

Veterans Court – Tampa – Hillsborough County, Florida

W.F. ''Casey'' Ebsary Jr. — Wed, 11 Nov 2015 14:21:00 GMT

Benefit of the Veterans Court is that upon successful completion, there is a court order administratively dismissing the charges.

History of the Veterans Treatment Court

In 2013, the Chief Judge of the Hillsborough County Court system created a new criminal subdivision of the county court to focus on people who have misdemeanor offenses. The court division was created for veterans, who suffer from military or service related conditions. The court considers the unique nature of issues related to veterans and the need for treatment in an environment that will help with wellness and the continuing necessity to help protect the public.

UPDATE: 2015 – Court Now Allows Help with Felony Crimes – Click Here

Who is Eligible for Dismissal of Criminal Charges?

The county criminal division of the Veterans Court allows people who are veterans, honorably discharged, who suffer from service-related mental illness, traumatic brain injury, substance abuse, and/or psychological problems to become eligible for the benefits of this program. There are certain offenses that are eligible for admission to the court they are listed in the court order.DUI charges are not eligible for the program. To be eligible, the defendant must be evaluated by the Veterans Administration or other state or federal court approved facility. The program is completely voluntary. Some cases are referred directly by the State Attorney’s Office to the Veterans Court, if they appear eligible.

What Happens in the Veterans Treatment Court?

Once assigned to the Veterans Court Division, there are court hearings that are required and will be set by the judge in charge of the Veterans Court. It is required that all participants continue to participate in recommended treatment. If the court determines that the defendant has not complied, the case will be discharged from the Veterans Court. The case will proceed as if it had been originally filed in a criminal division.

How Are Criminal Charges Dismissed in the Veterans Court?

The benefit of the Veterans Court is that upon successful completion, there is a court order administratively dismissing the charges. The program in misdemeanor court is 12 months. Under the 2013 order, only misdemeanor charges were eligible. A felony charge, until recently, was not eligible for this unique approach to handling our nation’s veterans. You can review the changes that occurred in 2015 here.

Dr. Seuss: A Guide to Criminal Defense

W.F. ''Casey'' Ebsary Jr. — Sat, 28 Feb 2015 06:00:49 GMT

“Lawyers Cite These Classics in Official Documents With Pride”

As a Tampa Criminal Defense Attorney, I can say with certainty that the works of Theodore Geisel, more commonly known under his pseudonym Dr. Seuss, are not a body of literature one would expect to see cited nor mentioned in a court of law. However, as America is often a place where impossible sounding things happen with alarming frequency, it is not as hard as you would think to find a legal precedent for this phenomena. There are appeals courts that have used the Doctor and there is at least one trial court that has used Dr. Seuss as authority for a legal opinion. More about that later.

One Fish Two Fish: A Fish Is A Fish No Matter What You Wish.

Dr. Seuss on Criminal Defense at Sea

The US Supreme Court reeled in a few #CopsGoneWild who convinced a Federal Prosecutor to indict and prosecute a fisherman near Tampa, Florida. The court overturned the conviction obtained for destruction of records. Fish are obviously not records. The Supreme Court said, “A fish is, of course, a discrete thing that possesses physical form. See generally Dr. Seuss, One Fish Two Fish Red Fish Blue Fish (1960).” Yates v United States, 574US ____ (2015) ( DocketNo. 13-7451).

Cat In The Hat: Criminal Defendant: Not That Cat

“Admitted Committing This Crime and Indicated He Did It With a Man Adorned in a Dr. Seuss ‘Cat in the Hat’ Hat”

The Cat in the Hat Comes Back to Court as one Judge waxes poetic

A criminal defendant dragged these beloved characters into a courtroom “Mr. Howard was charged as a principal in the armed robbery of a convenience store that was committed by two men. At Mr. Howard’s trial, the State presented the testimony of a man who had admitted committing this crime and indicated he did it with a man adorned in a Dr. Seuss ‘Cat in the Hat’ hat, whom he knew as “Bear.” The State had other evidence tending to establish that Mr. Howard was ‘Bear’.” Howard v State 869 So. 2d 725, (2d DCA 2004).

Horton Hears A Who: Judges On Mission to Repeat Repetition

“The Elephant, Meant What It Said and Said What It Meant”

Horton Hears the Judge

In a collision of litigants in a personal injury suit, the Judge was incensed that someone had missed a court date. With regard to instructions to appear for court proceedings, ” like Dr. Seuss’s Horton the elephant, [the court] meant what it said and said what it meant.” Mourning v Ballast 32 Fla. L. Weekly D 1673 ( 4th DCA 2007 )

Floridians went to war over a boat slip in Palm Beach. The court noted, “the Florida Supreme Court, like Dr. Seuss’s Horton the elephant, meant what it said and said what it meant. . . ” Graham v Yeskel Trust 928 So. 2d 371 (2006). I don’t know what the court meant, but this is about Dr. Seuss in court.

A United States District Court Judge Elizabeth Kovachevich instructed the lawyers in “The words of Horton the Elephant come to mind: “I meant what I said, and I said what I meant. An elephant’s faithful one-hundred percent!” Dr. Seuss, Horton Hatches the Egg.” Campero v ADS Foodservice 916 F. Supp. 2d 1284 ( SD Fla 2012 ).

My Name is Seuss: I am not a Doctor

“Seuss Entered a Plea of Nolo Contendere to Possession of Marijuana in Excess of 100 Pounds”

There was an unfortunate defendant named Seuss who was detained by police who threatened to get a warrant. Seuss v. State, 370 So. 2d 1203 (Fla. 1st DCA 1979) (threats to get a warrant, prolonged detention). Poor Jack Seuss “Seuss entered a plea of nolo contendere to possession of marijuana in excess of 100 pounds . . . .” The opinion continued, “Seuss had been detained for more than an hour; he had refused repeated requests that he open the vehicle and allow the agents to inspect; he was informed that he could not leave until the vehicle was searched . . . .” Seuss walked away from the charges when the court ruled that threats to get a search warrant were baseless. supervisor represented that if Seuss continued to refuse, he could get authority to search anyway. . . . The court found the cops should have gotten the search warrant rather than detain gangapreneur Seuss for over an hour while attempting to obtain his “consent.”

Cat In The Hat: Intellectual Property Law: Source of A Kerfuffle Fee Faw.

“The Cat Not in the Hat! A Parody by Dr. Juice”

The Cat in the Hat Comes Back to Court as one Judge waxes poetic

In the 1990’s Dr. Seuss Enterprises became entangled in a case that was rejected by the United States Supreme Court. Penguin Books USA, Inc., et al. v. Dr. Seuss Enterprises, L.P. 521 U.S. 1146 (1997). “The Cat Not in the Hat! A Parody by Dr. Juice, a work poised to supply a “fresh new look” at the O.J. Simpson double-murder trial. Katz’s rhymes, the illustrations provided by Chris Wrinn, and the book’s packaging by the manufacturer defendants *fn1″ (the individual and corporate defendants are referred to collectively hereinafter as “Penguin”) mimic the distinctive style of the family of works created by Theodor S. Geisel, better known as Dr. Seuss.”

“Dr. Seuss Has Made a Strong Showing as to Its Copyright Claims”

The court ruled, “Dr. Seuss has made a strong showing as to its copyright claims, and has raised serious questions providing a fair basis for litigation as to its trademark claims. The balance of the hardships tips markedly in its favor. A likely copyright infringement appears on the back cover of Penguin’s work, and instances of possible trademark infringements of the stove pipe hat appear on the front and back covers and throughout the work.”

“Defendants are therefore enjoined, pending trial of this action, from directly or indirectly printing, publishing, delivering, distributing, selling, transferring, advertising, or marketing the book The Cat Not in the Hat! A Parody by Dr. Juice.” Penguin Books USA, Inc., et al. v. Dr. Seuss Enterprises, L.P. (1996) ca.findacase.com

Yertle The Turtle: Yertle The Turtle Heightens Fertile First Amendment Hurdle!

“I’m King, and You’re Only a Turtle Named Mack.”

Yertle the Turtle: All the Turtles are Free

In Texas, Yertle The Turtle made an appearance when a judge scribbled a judge blurted “”Silence,” the King of the Turtles barked back, “I’m king, and you’re only a turtle named Mack.” Seuss (T. Geisel), Yertle The Turtle and Other Stories, Random House (1950). The court continued, “Dr. Seuss’ rhyming narrative about Yertle, The Turtle, concludes: “And the turtles, of course . . . All the turtles are free As turtles and, maybe, all creatures should be.” The court quipped in the context of employees’ first amendment rights. Davis v. Williams, 598 F.2d 916 ( 5th Cir 1979 ).

One Fish Two Fish: A Fish Is A Fish No Matter What You Wish.

“Conduct Did Not Run Afoul (Or a Fish)”

Dr. Seuss on Criminal Defense at Sea

One legal expert has said, “A fish is still a fish, but it is not a tangible object under 18 U.S.C. Section 519” says legal scholar Solomon Wisenberg. Wisenburg quipped “The Court ruled 5-4 that Yates’ conduct did not run afoul (or a fish) of 1519, because the little fishies were not tangible objects under that particular statute . . . .” Check out the White Collar Law Blog here.

Stetson Law School Professor Ellen Podgor then joined the conversation, “The recognition by these dissenting justices of the growing problem of overcriminalization in the United States is an important step. In many ways this decision is really a 9-0 decision in that the plurality tossed the fish case out because it did not fit in this sea. ” See Professor Podgor’s Take on this Federal Criminal Case Here.

Seuss Landing: Your Injury? Judge Responds With Fury!

Finally, Universal Studios Orlando was the site of a war over the “Seuss Landing” project in Orlando, Florida. Whiting v US Fidelity 2006 U.S. Dist. LEXIS 40456 ( MD Fla 2006 ).

The End – My Friend

Tampa Criminal Defense Attorney Editorial Board Member of Law Review

Perhaps in the future, scholars will revile at our society’s use of books relegated to the status of children’s literature. But I await a future where Tampa Criminal Defense Lawyers cite these classics in official documents with pride.

Dr. Seuss Titles:

Yertle The Turtle: Yertle The Turtle Heightens Fertile First Amendment Hurdle!

Seuss Landing: Personal Injury? Judge Responds With Fury!

One Fish Two Fish: A Fish Is A Fish No Matter What You Wish.

Cat In The Hat: Intellectual Property Law: Source of A Kerfuffle Fee Faw.

Horton Hears A Who: Judges On Mission To Repeat Repetition

Infographic – Dr. Seuss Goes toCourt

Dr Seuss Goes to Court – Criminal Defense Dr Suess Infographic

Tampa Drug Lawyer on Marijuana Drones | Your Legal Defense Options | Video

W.F. ''Casey'' Ebsary Jr. — Wed, 18 Feb 2015 08:31:07 GMT

Marijuana Drones Drugs and Defenses – Tampa Drug Lawyer on Marijuana, Drones & Your Legal Defense Options

In 1989, a soon-to-be former drug crimes prosecutor and now a Tampa Drug Lawyer published an article in prominent law review. Almost 25 years ago, Florida and the Feds were in the middle of the war on drugs and marijuana. That was before the rise of the machines – the drones. Recently, the Feds are issuing rules for use of drones ( unmanned aircraft systems or UAS ) by the public. Conspicuously absent from the new proposed are rules for the cops. The Supreme Court has not addressed the rise of the drones. As noted over 20 years ago before I was a prosecutor and now a Tampa Drug Lawyer:

“The United States Supreme Court must apprise itself of the emergent and contemporary technologies that have rendered its prior holdings lethal weapons to the provisions of a Constitution originally drafted to prevent invasions into the private lives of citizens.”

No Search Warrants Needed for Residential Property by Drones

Because of recent Federal regulations regarding the use of unmanned aerial drones, we can no longer assume the right to privacy in our own yards, homes, property, or businesses is intact. Since the United States Supreme Court decided that a helicopter with a high-powered camera aimed at a Florida Marijuana grow house did not constitute a search. If anything is visible from any vantage point that a an aerial drone may take, this information can be used against us in a court of law without requiring a Search Warrant.

“With digital cameras, 2,000 mm digital lenses with magnification of over 40x, placement of a drone with highly capable optics outside of homes and businesses is frightening.”

Florida Statute 934.50 Limits Use of Drones by Police

Florida Limits Use of Drones by Law Enforcement

Florida Statute 934.50 limits Searches and seizure using a drone.The Florida law on drone searches is called the“Freedom from Unwarranted Surveillance Act.” The law may limit use of these aircraft in a way that the new federal proposed regulations has missed. Under this law, alaw enforcement agency may not use a drone to gather evidence or other information, unless “the law enforcement agency first obtains a search warrant signed by a judge authorizing the use of a drone.” One of the exceptions may be used by cops to avoid suppression of evidence. “If the law enforcement agency possesses reasonable suspicion that, under particular circumstances, swift action is needed to prevent imminent danger to life or serious damage to property, to forestall the imminent escape of a suspect or the destruction of evidence, or to achieve purposes including, but not limited to, facilitating the search for a missing person.” The penalties for failure to comply with the law are, “a civil action against a law enforcement agency to obtain all appropriate relief in order to prevent or remedy a violation of this act . . . [and evidence] obtained or collected in violation of this act is not admissible as evidence in a criminal prosecution in any court of law in this state.”

Summary of DOT and FAA Proposed New Rules for Small Unmanned Aircraft Systems from aTampa Drug Lawyer

The feds have said, “Generally speaking, the new rules would not apply to government aircraft operations, because we expect that these government operations will typically continue to actively operate under the Certificate of Waiver or Authorization (COA) process unless the operator opts to comply with and fly under the new small UAS regulations.” In practice the police may not even have to abide by the new rules.

The FAA has previously announced, “Common public uses today include law enforcement, firefighting, border patrol, disaster relief, search and rescue, military training, and other government operational missions.” The FAA knows about these uses and they appear to be authorized.

Video – Unmanned Aircraft Drone Usage Rules

Here are the key provisions. A small unmanned aircraft system orUAS is under 55 pounds; flights limited to daylight and visual-line-of-sight operations; there are height restrictions; operator certification; use of another visual observer; registration and marking of the drone; and operational limits. Drone flights are limited to 500 feet altitude and no faster than 100 mph.

Seven More Things to Know about Drone Usage

The new rule also proposes operating limitations designed to minimize risks to other aircraft and people and property on the ground: 1)A small UAS operator must always see and avoid manned aircraft. 2) If there is a risk of collision, the UAS operator must be the first to maneuver away. 3)The operator must discontinue the flight when continuing would pose a hazard to other aircraft, people or property. 4)A small UAS operator must assess weather conditions, airspace restrictions and the location of people to lessen risks if he or she loses control of the UAS. 5)A small UAS may not fly over people, except those directly involved with the flight. 6)Flights should be limited to 500 feet altitude and no faster than 100 mph. 7)Operators must stay out of airport flight paths and restricted airspace areas, and obey any FAA Temporary Flight Restrictions (TFRs).

Here is a link to the FAA Press Release on the Drone Rules

Here is link to the Tech Crunch Story on Small Unmanned Aircraft Systems

Excerpts From 1989 Law Review Article on Marijuana Grow House Surveillance

Before I was a drug lawyer in Tampa, while a member of the Stetson Law Review in 1989-90, I became concerned with the use of technology against citizens. At the time, helicopters and aircraft were equipped with film cameras and 500 mm lenses. This allowed a magnification of about 10x. With digital cameras, 2,000 mm digital lenses with magnification of over 40x, placement of a drone with highly capable optics outside of homes and businesses is frightening.

Fourth Amendment Aerial Privacy: Expect the Unexpected
By W.F. “Casey” Ebsary, Jr. 19 Stetson Law Review 273 (1990)

Michael Riley was growing marijuana in a greenhouse behind his home in rural Pasco County, Florida. A fenced yard surrounded both the greenhouse and Riley’s home. The greenhouse was enclosed on two sides, and the view into one of the remaining sides was obscured by shrubbery within the fenced perimeter. The other open side was shielded from view by the home. The contents of the greenhouse were not visible from the ground.
. . .

The Riley case is significant because it is now questionable whether there are reasonable expectations to be free from the probing eye of the government above. Even those activities within the close confines of the home are now subject to aerial scrutiny. Therefore, activity which one wishes to remain private must now be confined to areas strictly within the walls of the home, with the curtains securely drawn. The Court’s rejection of Riley’s privacy claim signals the continued erosion of personal privacy rights under the fourth amendment.
. . .

Emergent technologies may sculpt the fourth amendment’s protections of privacy rights. Katz indirectly addressed the issue of technological advances and their impact upon fourth amendment privacy rights. Justice Harlan stated that the “legitimate needs of law enforcement may demand specific exceptions” to the warrant requirement; however, the Justice deferred consideration of these circumstances to such time as they were presented to the Court. Such circumstances arose in 1986 when the Court again visited both the curtilage and open field doctrines.
. . .

The Supreme Court has nearly eliminated any right which a citizen has to aerial privacy. Such privacy, if it ever existed, is all but gone as we have reached a point where further erosion of citizens’ fourth amendment rights to aerial privacy is not easy to envision. After the recent line of aerial privacy decisions in Ciraolo, Dow, and now Riley, the public can be reasonably certain that the government will be able to aerially observe ground activities, free from the restraint of the fourth amendment. Even with the curtains drawn, it is conceivable that from an aerial perch an officer could peer into the home through a crack in the curtains and be free to report his observations and use such information to the government’s advantage.
. . .

CONCLUSION

The United States Supreme Court must apprise itself of the emergent and contemporary technologies that have rendered its prior holdings lethal weapons to the provisions of a Constitution originally drafted to prevent invasions into the private lives of citizens. The Court must reconsider its application of the Katz standard in approaching aerial privacy claims. Otherwise, we will all be expected to expect the unexpected.

Complete Article is here:

stetson.edu/law/lawreview/

Complete Text of Florida Drone Law:

934.50 Searches and seizure using a drone.—
(1) SHORT TITLE.—This act may be cited as the “Freedom from Unwarranted Surveillance Act.”

(2) DEFINITIONS.—As used in this act, the term:
(a) “Drone” means a powered, aerial vehicle that:
1. Does not carry a human operator;
2. Uses aerodynamic forces to provide vehicle lift;
3. Can fly autonomously or be piloted remotely;
4. Can be expendable or recoverable; and
5. Can carry a lethal or nonlethal payload.
(b) “Law enforcement agency” means a lawfully established state or local public agency that is responsible for the prevention and detection of crime, local government code enforcement, and the enforcement of penal, traffic, regulatory, game, or controlled substance laws.

(3) PROHIBITED USE OF DRONES.—A law enforcement agency may not use a drone to gather evidence or other information.

(4) EXCEPTIONS.—This act does not prohibit the use of a drone:
(a) To counter a high risk of a terrorist attack by a specific individual or organization if the United States Secretary of Homeland Security determines that credible intelligence indicates that there is such a risk.
(b) If the law enforcement agency first obtains a search warrant signed by a judge authorizing the use of a drone.
(c) If the law enforcement agency possesses reasonable suspicion that, under particular circumstances, swift action is needed to prevent imminent danger to life or serious damage to property, to forestall the imminent escape of a suspect or the destruction of evidence, or to achieve purposes including, but not limited to, facilitating the search for a missing person.

(5) REMEDIES FOR VIOLATION.—An aggrieved party may initiate a civil action against a law enforcement agency to obtain all appropriate relief in order to prevent or remedy a violation of this act.

(6) PROHIBITION ON USE OF EVIDENCE.—Evidence obtained or collected in violation of this act is not admissible as evidence in a criminal prosecution in any court of law in this state.

History.—s. 1, ch. 2013-33.

Pasco Oxycodone Defense Attorney – (813) 222-2220 – Video on YouTube

W.F. ''Casey'' Ebsary Jr. — Tue, 05 Nov 2013 12:13:00 GMT

Pasco Oxycodone Defense Attorney

Pasco Oxycodone Defense Attorney has a FREE fully searchable Pasco Drug Crimes Oxycodone defense database on Oxycontin and drug charges in Florida. Drug Crimes Data Base Click Here. This video discusses and Compares How to use probable cause in criminal cases and the possibility of drug charges being dropped or dismissed when police improperly search for and then seize contraband. Casey reviews the Minimum Mandatory sentences that may apply to some Drug Trafficking cases. W.F. “Casey” Ebsary, Jr. is a Board Certified Criminal Trial Attorney, a specialist who defends drug crimes in Pasco County, Florida.

Transcript: [Pasco Oxycodone Defense Attorney Narrates] Hundreds of people are arrested every day. You may be one of them. I spend most of my time defending cases in State and Federal Courts. Many times drug crimes arise from searches of motor vehicles. Sometimes police will stop a car and then search it. Sometimes we are able to attack these searches when police do not have reasonable suspicion or probable cause to search the motor vehicle. In the event we can suppress the evidence, we may be able to have the drug charges dismissed, since there is no longer any evidence to be admitted against you in a criminal prosecution and evidence becomes unavailable for admission in a trial. I have arrived at my destination – one of the many courthouses in Tampa Bay where I help people. Let me help you. Criminal charges in State or federal Court? Let me help. Call me at (813) 222-2220. Let me drive to court to help you.[End of Pasco Oxycontin Defense Lawyer Narration]

Polk Marijuana Defense Attorney (813) 222-2220 – Drug Crimes – Cannabis

W.F. ''Casey'' Ebsary Jr. — Sun, 03 Nov 2013 15:37:00 GMT

Polk County Marijuana Law

Drug2Go.com and Polk Marijuana Defense Attorney now have a FREE fully searchable Polk Drug Crimes Cannabis Marijuana defense database on marijuana and drug charges in Florida. This video discusses and Compares How to use probable cause in criminal cases and the possibility of drug charges being dropped or dismissed when police illegally improperly search for and then seize contraband without a Search Warrant. Casey reviews the Minimum Mandatory sentences that may apply to some Marijuana and Cannabis Drug Trafficking cases. W.F. “Casey” Ebsary, Jr. is a Board Certified Criminal Trial Attorney, a specialist who defends drug crimes in Polk County, Florida.

Transcript: [Polk Marijuana Defense Attorney Narrates] Hundreds of people are arrested every day. You may be one of them. I spend most of my time defending cases in State and Federal Courts. Many times drug crimes arise from searches of motor vehicles. Sometimes police will stop a car and then search it. Sometimes we are able to attack these searches when police do not have reasonable suspicion or probable cause to search the motor vehicle. In the event we can suppress the evidence, we may be able to have the drug charges dismissed, since there is no longer any evidence to be admitted against you in a criminal prosecution and evidence becomes unavailable for admission in a trial. I have arrived at my destination – one of the many courthouses in Tampa Bay where I help people. Let me help you. Criminal charges in State or federal Court? Let me help. Call me at (813) 222-2220. Let me drive to court to help you.[End of Polk Cannabis Defense Lawyer Narration]

Pasco Marijuana Defense Attorney (813) 222-2220 – Drug Crimes – Cannabis

W.F. ''Casey'' Ebsary Jr. — Sun, 03 Nov 2013 12:54:00 GMT

Drug2Go and Pasco Marijuana Defense Attorney have a fully searchable Pasco Drug Crimes Cannabis Marijuana defense database on marijuana and drug charges in Florida. This video discusses and Compares How to use probable cause in criminal cases and the possibility of drug charges being dropped or dismissed when police improperly search for and then seize contraband. Casey reviews the Minimum Mandatory sentences that may apply to some Drug Trafficking cases. W.F. “Casey” Ebsary, Jr. is a Board Certified Criminal Trial Attorney, a specialist who defends drug crimes in Pasco County, Florida.Pasco Marijuana Defense Attorney (813) 222-2220 – Drug Crimes – Cannabis from W.F. Casey Ebsary Jr. on Vimeo.

Transcript: [Pasco Marijuana Defense Attorney Narrates] Hundreds of people are arrested every day. You may be one of them. I spend most of my time defending cases in State and Federal Courts. Many times drug crimes arise from searches of motor vehicles. Sometimes police will stop a car and then search it. Sometimes we are able to attack these searches when police do not have reasonable suspicion or probable cause to search the motor vehicle. In the event we can suppress the evidence, we may be able to have the drug charges dismissed, since there is no longer any evidence to be admitted against you in a criminal prosecution and evidence becomes unavailable for admission in a trial. I have arrived at my destination – one of the many courthouses in Tampa Bay where I help people. Let me help you. Criminal charges in State or federal Court? Let me help. Call me at (813) 222-2220. Let me drive to court to help you.[End of Pasco Marijuana Defense Attorney Narration]

Hillsborough Cannabis Defense Lawyer (813) 222-2220 – Video on Vimeo

W.F. ''Casey'' Ebsary Jr. — Sat, 02 Nov 2013 18:46:00 GMT

Our drug crimes website has a fully searchable Cannabis Marijuana defense database on marijuana and drug charges inHillsborough County, Florida. This video discusses and Compares How to use probable cause and the possibility of drug charges being dismissed when police improperly search for and then seize contraband. Casey reviews Minimum Mandatory sentences may apply to some Drug Trafficking cases.

Here is a Direct Link to the Cannabis Defense Lawyer Video.

Hillsborough Cannabis Defense Lawyer (813) 222-2220 from W.F. Casey Ebsary Jr. on Vimeo.

Transcript: Hundreds of people are arrested every day. You may be one of them. I spend most of my time defending cases in State and Federal Courts. Many times drug crimes arise from searches of motor vehicles. Sometimes police will stop a car and then search it. Sometimes we are able to attack these searches when police do not have reasonable suspicion or probable cause to search the motor vehicle. In the event we can suppress the evidence, we may be able to have the drug charges dismissed, since there is no longer any evidence to be admitted against you in a criminal prosecution and evidence becomes unavailable for admission in a trial. I have arrived at my destination – one of the many courthouses in Tampa Bay where I help people. Let me help you. Criminal charges in State or federal Court? Let me help. Call me at (813) 222-2220. Let me drive to court to help you.

Other Topics covered at: vimeo.com/centrallaw/hillsboroughcannabislawyer

Marijuana, Cannabis, Drug Crimes, Hillsborough Marijuana Charges, Trafficking

Criminal Defense – Florida Employee Drug Testing Unconstitutional

W.F. ''Casey'' Ebsary Jr. — Fri, 27 Apr 2012 14:10:00 GMT

Employee Drug Testing, Drug Testing

Employee Drug Testing Unconstitutional

Criminal Defense Attorney has just obtained the full text of a Florida Federal District Court ruling on employee drug testing. The court found where there is no legitimate safety concern, drug testing without probable cause violated the Fourth Amendment.

Case Excerpt:

Great news for Employees subjected to Florida Employee Drug Testing – Unconstitutional Court says, “The [employee’s] Union here asks for a permanent injunction, which requires three elements: 1) there was a legal violation; (2) there is a serious risk of continuing irreparable injury if an injunction is not granted; and (3) there are no adequate remedies at law. (citation omitted). Here, the Court finds that the EO [Executive Order 11-58], as applied to current employees at the covered agencies, is violative of the Fourth Amendment, and that these employees will suffer irreparable harm if subjected to it.” Defense Attorney Courtesy Copy of Complete Employee Drug Testing Opinion is here.

Drug Testing Problem? Call Casey at (813) 222-2220.

Pinellas County Sheriff Evidence Unit

W.F. ''Casey'' Ebsary Jr. — Wed, 11 Apr 2012 10:32:00 GMT

Pinellas County Evidence Unit in Florida

Crime scene evidence goes here for prosecution of cases by the Pinellas State Attorney’s Office. Located across the street from the Courthouse and the jail.

Evidence Used Against You? Call Casey at (813) 222-2220.