Right to Remain Silent – Fourth Amendment in Florida
Some attorneys agree to represent clients in this early stage. Contact with the assigned lawyer for the State can be made and a request to meet or discuss the pending charges is sometimes a good choice.
You have a Fourth Amendment Right to Remain Silent. While contacting the Prosecutor on your own may seem like a good plan, it is not. Anything said by a defendant or potential witness can be used against the suspect. Generally, Prosecutors cannot use statements from the attorney against the client.
Some attorneys agree to represent clients in this early stage. Contact with the assigned lawyer for the State can be made and a request to meet or discuss the pending charges is sometimes a good choice.
“Next time you visit some of the area’s more popular bars, make sure you arrange a ride home if you plan on partaking in more than one or two alcoholic beverages.’
If you are charged with a DUI, call a lawyer ASAP Call (813) 222-2220. Before you even start drinking decide how you will get back home. Then you are thinking clearly and you can choose your best option: designate one person to take everyone home, use tow-to-go, take a taxi, use Uber, Lyft maybe even staying where you are.
Many hearings are now conducted by Telephone or Video, Zoom, or Skype. Some Florida Courts have strict rules for appearing.
The year 2020 generated a lot of changes for us all. Chief among them are how to appear safely court proceedings. To that end, some Florida courts have initiated formal rules of procedures and electronic hearings. While many courts have not overflow of this, these new Federal rules have some common sense tips that we all can find useful.
Some judges have noted that parties have not dressed appropriately for court. Business casual or a suit and tie seems to be the preference for most judges.
Ask yourself, would someone really expect you to be on a beach in Hawaii
while you are involved in an possibly life changing matter in court?
In addition, some software packages allow for changing backgrounds, make sure in the background is appropriate to the formality of the court. Ask yourself, would someone really expect you to be on a beach in Hawaii while you are involved in an possibly life changing matter in court?
Some judges prefer and some courts prohibit appearing from your vehicle.
Make sure your phone and video connection is stable.
Some courts require only one speaker for each party to speak on behalf of their cause. When you’re not speaking try not to interrupt. Make sure you identify herself each time you speak.
Here are the actual rules that for one court that will be in effect starting in early 2021.
Chief United States District Judge, Timothy J. Corrigan encourages litigants to “Please visit the Court’s website for more information about the changes to the Local Rules, including a video presentation (that will qualify for CLE credit) and bullet point summary explaining the changes.”
Florida District Court Rules on Appearing in Court by Telephone or Video, Zoom, or Skype
If a judge conducts a proceeding by telephone or video, a participant:
(1) must dress in professional attire and use a professional background if either is visible,
(2) must use a landline if available,
(3) must designate one speaker for each party or interested person,
(4) must not participate from a vehicle,
(5) must use the mute setting when not speaking,
(6) must try to avoid background noise or other interference,
(7) must wait for the judge to address the participant before speaking and must not interrupt a speaker, and
(8) must start each distinct presentation by saying “this is [name]” or the equivalent.
Sexual relations are now outlawed for police “during the course of a traffic stop, a custodial interrogation, an interview in connection with an investigation, or while the law enforcement officer has such person detained,”
Kansas governor signs bill banning police officers from having sex during traffic stops
thehill.com
Driver was stopped by an officer because the words “MyFlorida.com” were obscured by a tag frame. The officer later found drugs in the car and the driver was charged with a narcotics offense. #Oops#IFeelSafer.
Don’t hide the letters on your Florida license plate with a frame
tampabay.com
Two in car cameras, 5 police cars, a police dog, and a helicopter. Amazing video
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
Are Traffic Ticket Quotas Legal in Florida? – Contests – Arrests and Traffic Tickets in Florida
centrallaw.com
Police Officer Daniel Holtzclaw Cries Like a Baby As He’s Sentenced To 263 Years For Raping 13 Women – NMWS.US
nmws.us
Mug Shots Gone Wild
Even the Tampa Bay Times, which prominently displays its Pulitzer Prize tally (12), and is behind such upstanding journalistic institutions as Poynter Institute, compiles them alongside a detailed list of physical attributes — gender, height, weight and so on. The images vanish after 60 days from a section that clocks nearly one million views a month, said the paper’s editor, Neil Brown. While he put the site’s news value at the “lowest possible level,” he said that such eyeball grabbing schemes aren’t unusual. “The slippery slope of being a purist is that there’s all kinds of stuff on news sites all over the county that is there for the interest of the audience,” he said. “I don’t think sanctimony over it is entirely well placed — though I don’t begrudge anyone their sanctimony.”
#CopsGoneWild The officer’s alleged trickery was revealed by the fact that his body cam retained footage for 30 seconds before it was activated to begin recording. During that time, according to the footage and the Baltimore public defender’s office, Officer Richard Pinheiro puts a bag of pills in a can in an alley and walks out of the alley.
The Axon cam’s initial 30 seconds of footage, by default, doesn’t have sound. After 30 seconds, viewers of the video can both see and hear the officer looking for drugs in the alley. Lo and behold, he finds them in the same soup can that he placed them in, according to the footage, which was released Wednesday. Pinheiro can then be heard yelling “yo” to his fellow officers, telling them he found drugs in the alley.
Cop’s body cam films him planting drugs—he obviously didn’t know it was recording
arstechnica.com
In 2014, federal law enforcement officers took more property from citizens than burglars did. State and local authorities seized untold millions more.
Law Office of W.F. “Casey” Ebsary Jr
Feds want police to take more cash from American citizens
washingtonpost.com
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
State attorney drops 41 cases over officers’ issues
news4jax.com
Nice job Orlando Police Department. That’s why we have sued them before. #Orlando #OPD #SOSDD
2 Police Officers Pull Over Black Fla. State Attorney, Can’t Explain Why
YouTube screenshot. Bodycam footage from the Orlando Police Department shows two police officers pulling over Florida’s only black state attorney, Aramis Ayala. One officer claims they made the stop because the tint on her car’s windows was too dark. In a video released by the Daily Mail, the officer …
theroot.com
The Florida Supreme Court loves television and so do we. #TV #CopsGoneWild
Pinellas Sheriff’s sergeant, lieutenant suspended for roles in high-speed chase
tampabay.com
#CopsGoneWild
20,000 DWI cases called into question in NJ: Is yours one of them?
nj1015.com
Red Light Camera Update
Cop in this small community was wading through footage of the red light camera in this small #Floriduh town . A couple of weeks later he realized he had clicked his way in to a ticket.
Refusal of a Breath Test | What do police officers do when they are arrested for DUI?
dui2go.com
Cop Crashes While Using Laptop in Patrol SUV
Florida has outlawed texting while driving in Florida Statute 316.305. The law is literally known the “Florida Ban on Texting While Driving Law.” It tries to “[p]revent crashes related to the act of text messaging while driving a motor vehicle.” The law prohibits “operat[ing] a motor vehicle while manually typing or entering multiple letters, numbers, symbols, or other characters into a wireless communications device . . . .” The cop drove through a loophole in the law and rear-ended multiple vehicles. Cops can use their computers, since the law allows them limited use. #CopsGoneWild
Pinellas sheriff’s deputy causes three-vehicle crash while checking laptop
tampabay.com
Florida Highway Patrol Cop Gone Wild
#Allegedly groped a women during a traffic stop. Then dumb enough to #SnapChat it? “[D]etectives monitored a Snapchat conversation between the victim and Gonzalez, during which they said Gonzalez said things that confirmed the victim’s account of the traffic stop.” #CopsGoneWild #Floriduh #Florida
FHP trooper accused of groping woman during traffic stop arrested
wftv.com
Bank Robbery False Alarm
Bank of America in Florida can by hit hard for customer injured during a false robbery alarm. A team of police officers armed with heavy weapons responded to a false alarm and cops responding hit one of their customers. In this case a guy was at a bank and there was a false alarm for a robbery. An alarm was triggered at a bank and “at some point the police realized that after [the customer] had been seriously injured, it was a totally false alarm . . . .” Bank of America had a video system, but “video showing [their customer] being kicked is conveniently missing. Bank of America denies that this footage was erased, and asserts that the surveillance program is written to purposely create gaps in footage to create an easily downloadable file.”
Law Office of W.F. ”Casey” Ebsary Jr
centrallaw.com
Tasers Gone Wild
You have the right to …. get blasted with a taser and waive your rights. “[S]uspects’ brains are briefly scrambled when they are on the receiving end of a Taser stun gun and its 50,000-volt delivery.”
Study: Suspects shocked by Taser “more likely” to waive Miranda Rights | Ars Technica
arstechnica.com
Body Cam Update
There’s something missing from a number of dashboard videos of fatal police shootings in Chicago: the sound. . . . The analysis — which was not disputed by police officials — found microphones stashed in glove boxes, batteries removed and antennas damaged. On purpose.
Analysis finds “deliberate” disabling of some Chicago PD dashcams
cbsnews.com
Prison Cams Gone Wild
#CopsGoneWild “Five ex-Marion County deputies now face possible prison terms. As they captured Price, video captured their conduct. A federal grand jury in Tampa charged the last of the disgraced lawmen late Tuesday, accusing Jesse Alan Terrell, 33, of violating Price’s civil rights.”
Ex-Marion deputy indicted in Tampa on civil rights charge after suspect’s beating (w/video)
tampabay.com
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 a dios to this one.
Methamphetamine Case Tossed – Open Door and the Community Caretaker Function
drug2go.com
From the Digital Trenches
Just reviewed a computer crime case where the dates on files on an SD card seized by the police, examined by the police computer forensic laboratory, and by a defense expert in computer forensics showed some unusual patterns in the dates of files that allegedly contained contraband. Those files on an SD card were later the basis of criminal charges and an arrest. There were claims of evidence spoliation. “Spoliation” is a fancy word for tampering. Sometimes a Computer Crimes Experts can come in handy. During a lengthy interrogation by the Prosecutor there were some answers given that may apply to virtually any cases involving data stored on a mobile phone SD card. #CopsGoneWild
#CopsGoneWild Citizenbolo.com will provide a means for the regular citizen to report rogue and abusive behavior by law enforcement members. It will be a sharing site for citizens to generate bolo alerts to fellow citizens on law enforcement who fail to fulfill their duty of protecting and serving the community.
Citizenbolo.com will compile videos, personnel file documentation, and any pertinent information regarding specific law enforcement officers that the public should know about in order to bolo. Citizens will then be able to search the site’s database in order to find any available information regarding any law enforcement member they may have had a bad encounter with.
It will be the mission of citizenbolo.com to provide a means for the average citizen to make available and share information with other community members regarding law enforcement.”
Officer arrested for dealing drugs while on duty, in uniform & from cop car, telling informants that he “is a better criminal than a cop.”
Anderson police officer arrested for selling drugs on duty
theindychannel.com
Cameras Gone Wild
They never seem to have a problem turning camera off in my client’s case. #CopsGoneWild “The cameras can capture evidence and clear false complaints, but some officers had trouble remembering to turn them on or off, or later realized that the lens was accidentally pointed away from what the officer was seeing, which “would certainly result in accusations of cover up,” the report reads.” said the confused officer to the reporter.
Police Officer Daniel Holtzclaw Cries Like a Baby As He’s Sentenced To 263 Years For Raping 13 Women – Counter Current News
countercurrentnews.com
Spend 600 Months In Prison When Police Search Lost Cell Phone
The story begins in a Walmart in Florida. The owner lost their phone at Walmart. After he left the phone, it was found, and the owner agreed to pick it up from the store. The owner of the phone failed to pick the phone up from the store. The store manager looked at the phone in an effort to find a photo of the owner. When the manager found contraband on the phone, she called the cops – police search lost cell phone.
/police-search-lost-cell-phone/
Law Office of W.F. ”Casey” Ebsary Jr
centrallaw.com
Commentary: Cops Gone Wild in Tampa, Florida “Tampa police officers took law enforcement-by-quota to an entirely new level. As the Tampa Bay Times Alexandra Zayas reported, since 2001 officers were under pressure to write more tickets if they want to look good on their annual performance reviews.” #CopsGoneWild
Transcript: Hundreds of people are arrested every day. You may be one of them. You need a qualified expert. That’s where I come in. I am Casey Ebsary, a trial Attorney here to help you.; Call a Tampa Criminal Defense Lawyer Attorney at our Florida Office 1-877-793-9290. Get some help today.
For more help you can take a look at our client reviews .
“My office is now located in the very neighborhood where I was raised on South Orleans Avenue. I even have the same zip code.”
Reviews of Criminal Defense Lawyers in Tampa
Criminal Defense Lawyer Tampa
If you need a criminal Defense Lawyer, Tampa is the long-time home of our Criminal Defense Law Office in Tampa, Florida. The firm has has expanded our Google Places / Google Maps pages. Here you can check out our client reviews and get directions for a visit. We have also added Photos and videos.
Criminal Defense Lawyer Tampa
20 years ago, I left the Prosecutors office and opened my own office on South Magnolia Avenue. A few years later the office grew and moved to the Channelside District. The journey continues. Since moving from our Channelside office, we have established our practice in Hyde Park. The Law Office of W.F. ”Casey” Ebsary Jr is conveniently located at 2102 W Cleveland St Tampa, Florida 33606 – Close to downtown and to Tampa International Airport. The Hillsborough County State Attorneys office is also nearby. My office is now located in the very neighborhood where I was raised on South Orleans Avenue. I even have the same zip code.
Safe and Sound on Floriduh Beach | Indian Shores Florida | Expert Defense | 813.222.2220
Request For Medical Records Denied | Blood Test Subpoena
Court denied issuance of a subpoena and ruled In a blood test “burden arises from the Constitutional right to privacy in one’s medical records, which requires the State to demonstrate a compelling interest in the disclosure.” A burden that in a rare case was NOT met. These subpoenas are routinely rubber-stamped and almost always issued.
Request For Medical Records Denied | Blood test Subpoena
Reducing Impaired Driving Recidivism – RIDR
First timers can avoid a driving under the influence conviction. This change in policy is important for drivers charged with their 1st driving while impaired. According to Florida law, pretrial intervention programs can are available for a first time driving while intoxicated driver as long as they have spoken with a lawyer, agrees to complete the program.
Over the weekend, a driver in Tesla Model S sedan was arrested and charged with driving while intoxicated when he was found passed out behind the wheel on San Francisco’s Bay Bridge. His blood alcohol content was two times the legal limit. He told the California Highway Patrol officers it was OK: The car was on autopilot.
Tesla’s Latest Crash and driving while intoxicated Incident Reveal the Issue with Autopilot | WIRED
wired.com
St Petersburg Will Try to Seize Vehicles in Driving Under the Influence Cases
Can St Petersburg Seize Vehicles in DWI Cases? YES
“There does not appear to be any legal impediment to adding driving under the influence as a basis for vehicle seizure . . .” said the Attorney for the City of St Petersburg.
St Petersburg Driving While Impaired Vehicle Seizure
One Florida town will join a few others in allowing police to seize the vehicle of a driving under the influence suspect and sell it back to him/her for around $500.00.
The language used by the St. Petersburg City Attorney is, “vehicle seizure and impoundment with a companion administrative fine. ”
Tampa Bay Drunk Driving Convictions and Dismissals by the Numbers
Michael Phelps – Drunk Driving
Michael Phelps – Miracles Happen – From Addiction to Gold Medals
The Recovery of Michael Phelps from 2 DWI charges to “Greatest Olympian of All Time” was a long journey that began with his first Drunk Driving charge in 2004. The miracle began Less than 2 years before his historic run at the 2016 Olympic Games in Rio.
Florida Can Punish Refusal to Submit to a Breath Test
Punish Refusal to Submit to a Breath Test
Supreme Court on Refusal to Submit to a Breath Test
Three Reasons Court Used to Justify Punishment of a Breath Test Refusal
Why does the search-incident-to-arrest doctrine apply to breath and blood tests?
“First, the physical intrusion is almost negligible. Breath tests “do not require piercing the skin” and entail “a minimum of inconvenience.”
“Second, breath tests are capable of revealing only one bit of information, the amount of alcohol in the subject’s breath.”
“Finally, participation in a breath test is not an experience that is likely to cause any great enhancement in the embarrassment that is inherent in any arrest.”
Florida and Other States Can Punish Refusal to Submit to a Breath Test
St. Pete Pride, DUI, and Law Enforcement
St. Pete Pride
DUI Enforcement officers and other law enforcement will swarm St. Pete Pride as over 200,000 will gather this weekend to support and celebrate Florida’s LGBTQ community at the St. Pete Pride Parade.
St. Pete Pride A busy weekend for DUI and Law Enforcement
Florida Supreme Court Sets Arguments on DUI Breath Tests
Second Refusal Breath Test on Trial
Florida Supreme Court will hear arguments Sept. 1 in a challenge to the constitutionality of a state law that allows people to be prosecuted for refusing to take breath tests when suspected of drunken driving.
Punish Refusal to Submit to a Breath Test
Justices issued an order Tuesday scheduling the arguments in the Volusia County case of William Williams, who was stopped in October 2013 on suspicion of driving under the influence. An arresting officer, who did not have a warrant, asked Williams to submit to a breath test to determine blood-alcohol content but Williams refused, according to court documents.
Florida Supreme Court sets arguments on DUI breath tests
An Impaired Driving Cases Guide for Law Enforcement Officers and Expert Witnesses
Originally shared by Law Office of W.F. ”Casey” Ebsary Jr
DUI Cops Are Instructed How to Testify
Notably, they are told not to demonstrate field sobriety tests that they themselves cannot perform. “Always demonstrate how you conducted field sobriety evaluations. Be certain, however, that you can do in court all the evaluations you asked the defendant to perform
Review: The Criminal Justice System: A Guide for Law Enforcement Officers and Expert Witnesses in Impaired Driving Cases
A Guide for Law Enforcement Officers and Expert Witnesses in Impaired Driving Cases
Field Sobriety Exercises Excluded
Epic Fail – Summary of the Field Sobriety Exercises Exclusion Ruling
Field sobriety exercises are inadmissible in this case unless the State of Florida demonstrates their reliability to the Court in a Daubert hearing. The State must show that field sobriety exercises were created using the same rigorous scientific method that is behind every theorem and postulate in science journals before field sobriety exercises can be admitted.
Field Sobriety Exercises Motion to Suppress Granted in Tampa
Field sobriety exercises are inadmissible in this case unless the State of Florida demonstrates their reliability to the Court in a Daubert hearing
Pinellas Deputy Arrested for Attempted Manslaughter
Video cameras did not catch this or were not running and then this happened at a DUI traffic stop. #allegedly “Instead of explaining what actually happened,” the sheriff said, “Deputy Virden made up facts that simply could not have occurred.”
Pinellas deputy arrested for attempted manslaughter
fox13news.com
Doctor on Drugs, Testing and Impairment of Drivers
Tons of interesting questions and surprising answers from a just completed interesting afternoon with a doctor on drugs and testing and impairment of drivers.
DUI – It is only a misdemeanor thought a Miss USA contestant. She did not disclose a conviction, won the title, and then was stripped of her crown when pageant officials got wind of the case.
Number One Traffic Charge for Jail in Hillsborough County, Florida TRAF6075
Driving License Cancelled Suspended Revoked DWLSR
Get a Driver’s License
Of the 1656 ways to go to jail in Tampa, Florida, this is Number 1. TRAF6075 is number one of the top 50 ways to be arrested and placed in the Hillsborough County Jail in Tampa, Florida. There are 1656 ways to go to jail for criminal charges in Tampa. This is Numero Uno #1.
1656 Ways to End Up in the Hillsborough County Jail
Top 50 Ways to Go to Jail
Many of the Top 10 ways to go to jail in Tampa, Florida are traffic crimes. By the way there are about 1656 ways to end up in the Hillsborough County Jail.
Complete List of 130 Florida Criminal Traffic Charges
130 ways to Go to Jail in Traffic Court
There are at least 130 ways to be charged with a criminal traffic crime under Florida law. This is a complete list of criminal traffic charges under Florida Statutes.
130 Florida Criminal Traffic Charges | Complete List
Second Refusal to Submit to a Chemical Test in Florida
The FLORIDA Supreme Court will review Florida Driving Under Influence 2nd Refusal law and whether it is Constitutional to refuse to cooperate with cops in a second refusal to submit to chemical testing.
“Corpus delicti is one of those not-so-glamorous topics that tends to fall through the academic cracks in many law schools. In fact, before having to focus on this subject as a novice prosecutor, my knowledge of it was limited to what my bar exam review instructor had taught me: Corpus delicti is always the wrong answer to an evidence question. ”
Florida Drug Recognition DRE Experts – Five (5) Things to Know
FREE Drunk Driving Defense Book
86 page color illustrated drunk driving Defense book you can research the harsh punishment imposed under Florida’s strict driving under the influence laws. Journey from the arrest at the roadside, to the county jail, to a vehicle being seized.
Jason Miller: “That looks like a very helpful book. I really like the cover.”
Law Office of W.F. ”Casey” Ebsary Jr: “Thanks for the comments. We are looking to expand it with the next edition. Be well. Leslie is a great friend. See you soon.”
Stand Your Ground is a defense to some criminal charges in Florida. There is a high profile stand your ground case in Florida where a defendant shot someone in a parking lot dispute. The Stand Your Ground Defense Trial Live Feed is below. Beneath the video feed we have summarized what is needed to successfully establish self defense use of physical force, weapons, and firearms under state law.
According to CourtTV, “It all happened because of a parking spot dispute. Michael Drejka fatally shot Markeis McGlockton outside a local convenience store.” The network contends, “Shortly before the shooting, Drejka had confronted McGlockton’s girlfriend, Britany Jacobs, for using a disabled parking space with a permit. McGlockton came out of the store and pushed Drejka resulting in Drejka falling to the ground. Drejka drew his firearm and shot McGlockton. McGlockton later died from his injuries at a local hospital.”
Florida Law on Stand Your Ground “a person is justified in using or threatening to use force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to defend himself or herself or another against the other’s imminent use of unlawful force.”
In short, a person is justified in the use of non-deadly force and “does not have a duty to retreat before using or threatening to use such force.” The potential defendant probably will have to testify since hearsay evidence is inadmissible at such hearing.
Use of Deadly Force Law in Florida
“A person is justified in using or threatening to use deadly force if he or she reasonably believes that using or threatening to use such force is necessary to prevent imminent death or great bodily harm to himself or herself or another or to prevent the imminent commission of a forcible felony. A person who uses or threatens to use deadly force in accordance with this subsection does not have a duty to retreat and has the right to stand his or her ground if the person using or threatening to use the deadly force is not engaged in a criminal activity and is in a place where he or she has a right to be.”
“A person who uses or threatens to use force as permitted in § 776.012″ ” is immune from criminal prosecution.” §776.032. When a defendant asserts statutory immunity, the burden of proof by clear and convincing evidence is on the party seeking to overcome the immunity from criminal prosecution provided in subsection (1).
Under § 776.012(1), ” a person is justified in using or threatening to use force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to defend himself or herself or another against the other’s imminent use of unlawful force.” A person who is justified in the use of non-deadly force “does not have a duty to retreat before using or threatening to use such force. ” Id.
“An objective standard is applied to determine whether the immunity provided by these provisions attaches.” Mobley v. State, 132 So.3d 1160, 1164 (Fla. 3d DCA 2014). ” That standard requires the court to determine whether, based on circumstances as they appeared to the defendant when,he or she acted, a reasonable and prudent person situated in the same circumstances and knowing what the defendant knew would have used the same force as did the defendant. ” Id. 1164-1165.
ADMISSIBILITY OF EVIDENCE FOR STAND YOUR GROUND HEARINGS
A defendant has the right to a pretrial evidentiary hearing on his motion to dismiss based on §776.032 immunity. Satyanand v. State, 147 So.3d 662,663 (Fla. 5th DCA 2014). Hearsay evidence is inadmissible at such hearing. McDaniel v. State 24 So. 3d 654, 657-658 (Fla. 2d DCA 2009).
Nixon declared war on drugs. Nancy Reagan just said no. Neither of those were effective strategies to help alleviate the problems flowing from the epidemic of drug abuse that plagues us to this day. Florida Drug Courts have come to their senses and prosecutors are using treatment courts to help people who are otherwise crime-free, seeking help to avoid convictions for serious drug crimes. Check the end of this post you will find the complete transcript of Nixon’s original declaration of war on drugs.
Songwriter and Investigative Journalist Mike Deeson and I worked on an investigative report on the positive impacts of Drug Courts in Florida. 40 years ago, President Richard Nixon declared a war on drugs. 3 years later, in 1974, he said the war was a success. Here is a new song called Florida Drug Court Blues.
“We must wage what I have called Total war against public enemy number one in the United States the problem of dangerous drugs.”
Richard Nixon
Florida Drug Court
In Pinellas County – a different approach Chief Judge Thomas McGrady says 80% of the crimes are related to substance abuse. For the most part the solution of the problem is incarceration. But in situations where they are non-violent and in a situation where we could get to the point where they could become productive members of society. That seems to be a better use of our limited resources to put it towards treatment rather than in prison.
One local sheriff said drug abusers should be in prison that’s working so well that’s keeping the people of this community and this state safe. He urges legislators and the governor to leave it alone. Drug treatment courts are too radical says the sheriff.
“Seeing violent offenders out of prison is too radical , some guy with a machine gun or rocket launcher, somebody who is a violent felon is not going to prison because some non-violent offender is in on a minimum mandatory drug sentence. That is too radical. That’s disturbs me greatly and it happens all the time.”
Sending a drug abuser to prison instead of into a program has a societal cost as well and there is a good chance that the judge will see that same drug abuser in front of him or her once again.
“Prison is graduate school for whatever they were doing before they got in there.”
Casey the Lawyer
At DACCO there is a 6 month residential program that has close to a 70% success rate at the cost of about $10,000 compared that to the average 6.4 year sentence costing taxpayers $124,000 per offender locked up.
As Mike Deeson said, Nixon “declared a war that is clearly being lost .”
Transcript of Richard Nixon’s War on Drugs Speech on June 17, 1971
Ladies and gentlemen:
I would like to summarize for you the meeting that I have just had with the bipartisan leader which began at 8 o’clock and was completed 2 hours later.
I began the meeting by making this statement, which I think needs to be made to the Nation: America’s public enemy number one in the United States is drug abuse. In order to fight and defeat this enemy, it is necessary to wage a new, all-out offensive.
I have asked the Congress to provide the legislative authority and the funds to fuel this kind of an offensive. This will be a worldwide offensive dealing with the problems of sources of supply, as well as Americans who may be stationed abroad, wherever they are in the world. It will be government wide, pulling together the nine different fragmented areas within the government in which this problem is now being handled, and it will be nationwide in terms of a new educational program that we trust will result from the discussions that we have had.
With regard to this offensive, it is necessary first to have a new organization, and the new organization will be within the White House. Dr. Jaffe, who will be one of the briefers here today, will be the man directly responsible. He will report directly to me, and he will have the responsibility to take all of the Government agencies, nine, that deal with the problems of rehabilitation, in which his primary responsibilities will be research and education, and see that they work not at cross-purposes, but work together in dealing with the problem.
If we are going to have a successful offensive, we need more money. Consequently, I am asking the Congress for $155 million in new funds, which will bring the total amount this year in the budget for drug abuse, both in enforcement and treatment, to over $350 million.
As far as the new money is concerned, incidentally, I have made it clear to the leaders that if this is not enough, if more can be used, if Dr. Jaffe, after studying this problem, finds that we can use more, more will be provided. In order to defeat this enemy which is causing such great concern, and correctly so, to so many American families, money will be provided to the extent that it is necessary and to the extent that it will be useful.
Finally, in order for this program to be effective, it is necessary that it be conducted on a basis in which the American people all join in it. That is why the meeting was bipartisan; bipartisan because we needed the support of the Congress, but bipartisan because we needed the leadership of the Members of the Congress in this field.
Fundamentally, it is essential for the American people to be alerted to this danger, to recognize that it is a danger that will not pass with the passing of the war in Vietnam which has brought to our attention the fact that a number of young Americans have become addicts as they serve abroad, whether in Vietnam, or Europe, or other places. Because the problem existed before we became involved in Vietnam; it will continue to exist afterwards. That is why this offensive deals with the problem there, in Europe, but will then go on to deal with the problem throughout America.
One final word with regard to Presidential responsibility in this respect. I very much hesitate always to bring some new responsibility into the White House, because there are so many here, and I believe in delegating those responsibilities to the departments. But I consider this problem so urgent—I also found that it was scattered so much throughout the Government, with so much conflict, without coordination—that it had to be brought into the White House.
Consequently, I have brought Dr. Jaffe into the White House, directly reporting to me, so that we have not only the responsibility, but the authority to see that we wage this offensive effectively and in a coordinated way.
The briefing team will now be ready to answer any questions on the technical details of the program.
Download Transcript of Richard Nixon’s War on Drugs Speech on June 17, 1971
Shoot Out at a Florida Growhouse Florida Growhouse Video Shoot Out Shots Fired at 15 seconds and video ends with smoke detector alert. Florida Growhouse Shoot Out video just obtained by Florida Drug Crimes Lawyer W.F. “Casey” Ebsary, Jr.
Video – Florida Growhouse Shoot Em Up
Traffic Stop for License Plate Frame?
Driver was stopped by an officer because the words “MyFlorida.com” were obscured by a tag frame. The officer later found drugs in the car and the driver was charged with a narcotics offense. #Oops #IFeelSafer.
Don’t hide the letters on your Florida license plate with a frame
Is the Lie Detector Admissible in Federal Court?
In law school and on the street everyone knows that lie detectors are not admissible in court. Wrong!
Lie Detectors in Court are expanding use in Florida again. Some courts are allowing use in testing registered sex offenders & predators as a requirement of sex offender probation and monitoring.
This guy was driving on I-75 in Alachua County near Gainesville Florida home of the Florida Gators. The cop claimed he had cut off a truck, perform a traffic stop, and then called for a drug dog. This case has the shortest delay I have ever seen in any drug dog case.
The Case of the Mysterious Marijuana Delivery from UPS and The Party Animal.
One guy had a hairstyle that was described as being like Popeye with a pipe painted green in his mouth. The cop said that that was consistent with a person who was waiting for a marijuana delivery and detained him. Court ruled even a “pot-smoking sailor hair design” is not enough to save this bust.
Mysterious Marijuana Delivery from UPS and The Party Animal
Can You Legally Grow Your own Weed in Florida?
“The court also finds … that the Florida Department of Health has been, and continues to be non-compliant with the Florida constitutional requirements,” the judge added, referring to the constitutional amendment approved by voters in 2016 that made medical marijuana legal.
Judge: Joe Redner can legally grow his own marijuana
Lie Detectors in Florida Courts
A crew member of a ship claimed he did not know drugs were on board the ship. He was indicted in the Middle District of Florida’s Tampa Division. They indict them all, let the jury sort them out indictment charged many aboard with knowing the ship had drugs on board. This is not a rare claim where smugglers tend to minimize the need to know that 10-100 million dollars of cocaine is on board the vessel. Judge says let them use the polygraph.
Can Drug Charges Destroy Opportunities for Student Financial Aid?
Defense Attorneys Arrested During Defense of Client
Suge Knight attorneys arrested Thursday on warrants alleging they were accessories after the fact to a felony, authorities said, without disclosing what the felony was or what they are believed to have done. #SugeKnight #CopsGoneWild
‘Suge’ Knight attorneys released 1 day after arrest
Win In early round in legal fight to Grow own Marijuana
“I think this is a huge step forward for patients in need of this critical medicine,” Luke Lirot, the attorney who argued the case Dec. 20, said in a statement. #mmj #florida #growyourown #CannabisCommunity
Joe Redner wins an early round in his legal fight to grow his own marijuana
Shocking Stats on #Fentanyl #Deaths in #Florida Download Report.
Florida Department of Law Enforcement FDLE Prescription Drug Death Statistics
Total drug-related deaths increased by 22 percent (2,126 more).
5,725 opioid-related deaths were reported, which is a 35 percent increase (1,483 more). The opioids were identified as either the cause of death or merely present in the decedent.
6,658 (24 percent more) individuals died with one or more prescription drugs in their system. The drugs were identified as either the cause of death or
merely present in the decedent. These drugs may have also been mixed with illicit drugs and/or alcohol.
3,550 (40 percent more) individuals died with at least one prescription drug in their system that was identified as the cause of death. These drugs may
have been mixed with other prescription drugs, illicit drugs, and/or alcohol.
How Is the Weight Determined in Case of a Mixture in Drug Crimes?
Mugshots Are Big Business
Even the Tampa Bay Times, which prominently displays its Pulitzer Prize tally (12), and is behind such upstanding journalistic institutions as Poynter Institute, compiles them alongside a detailed list of physical attributes — gender, height, weight and so on. The images vanish after 60 days from a section that clocks nearly one million views a month, said the paper’s editor, Neil Brown. While he put the site’s news value at the “lowest possible level,” he said that such eyeball grabbing schemes aren’t unusual. “The slippery slope of being a purist is that there’s all kinds of stuff on news sites all over the county that is there for the interest of the audience,” he said. “I don’t think sanctimony over it is entirely well placed — though I don’t begrudge anyone their sanctimony.”
#CopsGoneWild The officer’s alleged trickery was revealed by the fact that his body cam retained footage for 30 seconds before it was activated to begin recording. During that time, according to the footage and the Baltimore public defender’s office, Officer Richard Pinheiro puts a bag of pills in a can in an alley and walks out of the alley.
The Axon cam’s initial 30 seconds of footage, by default, doesn’t have sound. After 30 seconds, viewers of the video can both see and hear the officer looking for drugs in the alley. Lo and behold, he finds them in the same soup can that he placed them in, according to the footage, which was released Wednesday. Pinheiro can then be heard yelling “yo” to his fellow officers, telling them he found drugs in the alley.
Cop’s body cam films him planting drugs—he obviously didn’t know it was recording
Police to Take more Cash from Americans
In 2014, federal law enforcement officers took more property from citizens than burglars did. State and local authorities seized untold millions more.
Jeff Sessions wants police to take more cash from American citizens
washingtonpost.com
Bad Cops and Bad Cases
The majority of the 41 dropped cases are drug-related, but charges of resisting law enforcement, battery or assault and three gun charges have also been dropped so far this year. #CopsGoneWild
Pasco limits number of medical marijuana dispensers to two
Bring a Taser to a Gunfight?
Free Legal Advice – Don’t Bring a Taser to a Gunfight at a Growhouse
Growhouse Weekend Score Update
Assault Rifle 2
Taser 0
What happens when you Bring a Taser to a Gunfight?
You lose. Two guys from South Florida planned on breaking into a Tampa grow house using a couple of tasers. The would-be grow house invaders thought they would sneak around to the back and kick in the back door.
Is there a marijuana grow house in your neighborhood?
What happens when a suspect throws drugs away and the cops find them?
Where drug crime defendants / suspects throw drugs under their vehicles while being removed from the vehicle after a valid traffic stop, a court can rule that the suspect has “voluntarily abandoned” the drugs. A Florida Court has just ruled there was reasonable suspicion to justify a pat down where there was a traffic stop, the target appeared nervous, could not answer some of the officer’s questions, had made a sudden U-turn into an oncoming traffic lane, and then parked facing the wrong direction just prior to the stop. The cop testified that the suspect had a pen clenched in his hand and the officer to believed it could be used as a weapon.
Drug Crimes Question Answer 4th Amendment
“Inevitable discovery is a recognized exception to the exclusionary rule and requires the State to establish that “the evidence would have inevitably been discovered in the course of a legitimate investigation.” Moody v. State, 842 So. 2d 754, 759 (Fla. 2003). See also Nix v. Williams, 467 U.S. 431, 444 (1984) (recognizing and adopting the inevitable discovery exception to the exclusionary rule, and holding that the exclusionary rule should not apply if “the prosecution can establish by a preponderance of the evidence that the information ultimately or inevitably would have been discovered by lawful means”).
What happens when a suspect throws drugs away and the cops find them?
Tweet Looking for Drugs Answered by Sarasota Police
FREE ADVICE: #DontDontDoThis “Who’s in Sarasota and has weed?” Sarasota police quickly responded with a tweet of their own: “If you’d like to stop by our headquarters, our narcotics detectives would be more than happy to talk.”
St Petersburg, Florida Marijuana Civil Citation Program
Complete Text of Tampa Cannabis Ordinance
The City of Tampa Florida, has just passed an ordinance decriminalizing possession of cannabis (less than 20 grams). Hash oil and derivatives are still felonies. The complete text of the new cannabis ordinance is below. The short version: Fines; For a firs…
Tampa Cannabis Decriminalized – Complete Text of Tampa Cannabis Ordinance
Possession of a Controlled Substance – One of over 1500 ways to land in Tampa, Florida’s Hillsborough County Jail
This is the 11th on the list of over 1500 ways to land in Tampa, Florida’s Hillsborough County Jail. Possession of a Controlled Substance is a Third Degree Felony that can be punished by 5 years in the Florida State Prison. Here is a summary of the rather obscure names for drugs under the Florida Controlled Substances laws. We call it our Florida Drug Name Online Dictionary. https://www.drug2go.com/p/drug-dictionary.html
Supreme Court cases have held that a traffic stop “can become unlawful if it is prolonged beyond the time reasonably required to complete the mission” of issuing a ticket . . . . “In this case, the officer abandoned his reason for the traffic stop (writing the seatbelt citation) and instead chose to conduct the sniff of Defendant’s vehicle. Once the officer decided against writing the citation, the purpose for the stop was complete and the justification for the stop was no longer valid.”
Dog Sniff Drug Dog Oxycodone Trafficking Conviction Reversed
Dog Sniff Drug Dog Oxycodone Trafficking Conviction Reversed
What happens in a typical Constructive of Possession of Cocaine Case in Florida?
The conviction of one of multiple occupants of a vehicle was reversed, even though “this case does present circumstances that could be interpreted as incriminating, those circumstances can also be construed as being consistent with . . . innocence.”
Constructive Possession of Cocaine in Florida – Conviction Tossed
Get Tased and Waive Your Rights
You have the right to …. get blasted with a taser and waive your rights. “[S]uspects’ brains are briefly scrambled when they are on the receiving end of a Taser stun gun and its 50,000-volt delivery.”
Study: Suspects shocked by Taser “more likely” to waive Miranda Rights | Ars Technica
arstechnica.com
How to Make Money at Home
How to make a living as a chemist. #Fentanyl “is one of the most potent opiates in human history — 100 times more powerful than morphine, and 50 times stronger than heroin alone. It is now flooding the streets as an addictive recreational drug, adding a terrifying turn to the worst narcotics epidemic in American history.” #WW #WalterWhite #BreakingBad #HomeTalkTuesday
Treasure Island, Florida has become a hotbed of the methamphetamine world. So while on patrol, a cop saw an open door with mail on the floor near the mail slot. The decision was made to enter the home and make sure everyone was alright. Of course, while there, why not search the house and find some meth. Court says adios to this one.
Medical Marijuana on Florida Ballot in 2016 Says the Supreme Court
Cannabis Reform in St Petersburg, Pinellas County Florida
Intervention and a second chance seems to be a more productive solution than parading them through jail and saddling them with arrest records. #cannabiscommunity
” In other words, intervention and a second chance seems to be a more productive solution than parading them through jail and saddling them with arrest records.”
Marijuana
Is a Search Warrant Required for a Grow Room in a House?
Get a warrant, copper. Even though Bail Bondsman Opened a Grow Room Door and then Called the Cops.
Get a Search Warrant for Grow Room says Florida Supreme Court
How to Beat a Drug Dog Search?
How to Beat a Drug Dog Search? What Does the Supreme Court say about Threats of a Drug Dog Search? Traffic cops and sometimes other law enforcement try to scare citizens by threatening to call in a dog, if they do not consent to a search.
Drug Sniffing Dog Accuracy How accurate must a drug sniffing dog be? Courts have frequently addressed drug dogs and drug dog training to evaluate whether the indication of drugs during a walk-around is sufficient to justify a complete search. Some Judges have expressed concern, but convictions are supported even where, “overall accuracy rate in the field (i.e., the number of times he alerts and his human handler finds drugs) is not much better than a coin flip (59.5%).
Can a Florida Drug Overdose Grant Immunity From Criminal Prosecution?
Usually the answer is “no” However, one recent case involved a victim who was found to be impaired, but not overdosed from heroin. The cop noticed the patient had signs of intoxication that included bloodshot eyes, rambling speech, and swaying. Usually, A person who experiences a drug-related overdose and is in need of medical assistance may not be charged, prosecuted, or penalized pursuant to this chapter for possession of a controlled substance if the evidence for possession of a controlled substance was obtained as a result of the overdose and the need for medical assistance.
Drug Crimes: The People’s Guide to Fighting Like an Expert
Working on first author’s proof for first publication. Drug Crimes Book is nearing completion. Here is a draft of the Table of Contents.
Drug Crimes: The People’s Guide to Fighting Like an Expert
TABLE OF CONTENTS
Introduction: Do You Need a Drug Crimes Defense Lawyer? 6
Vehicle Seizures and Forfeitures 7
Anonymous Tips 7
Traffic Stop by Non Law Enforcement 17
Video Recording of Police Encounters 19
Failure to Follow Proper Procedures 20
The Arrest 21
Targeting Neighborhoods 21
The Field Test for Drugs 21
What About Miranda Rights? 21
Witnesses Required For Court 26
Presumptive Field Testing of Drugs 26
The Driver’s License 27
Florida Drug Crimes License Suspension 27
Summary of Florida Drug Crimes License Suspension Laws 28
Consequences of a Drug Conviction 30
The Court 32
Florida Standard Jury Instruction for Possession and Trafficking in Drugs 32
Jury Trial Victories 33
Acquittal of a Drug Charges 33
The Impact of a Drug Crimes Conviction 36
Vehicle Impounded 36
First Time Drug Crime Penalties 38
Second Time Drug Crime Penalties 39
How to Go to Jail 39
Third time Drug Crime Penalties 40
How to Get a Felony Drug Crime Conviction 40
Drug Court and Avoiding a Conviction 40
Notes 41
Help for Veterans in Veteran’s Treatment Court VTC
