Drug Crime Stories

Drug Crimes Stories From Google+

2 Million Views and over a

1000 Followers Can’t be Wrong.

Drug Crimes Stories From Google+ 2 Million Views and over a 1000 Followers Cant 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
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
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.

https://www.centrallaw.com/deception-detection-polygraph-testing-and-lie-detectors-in-federal-courts-at-sentencing/ .

Previously we discussed another federal case here https://www.centrallaw.com/lie-detector-polygraph-admissible-court/


Is the Lie Detector | Polygraph Admissible in Federal Court?

Is the Lie Detector | Polygraph Admissible in Federal Court?

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

https://www.drug2go.com/2011/02/drug-bust-on-video-photographer.html

Drug Bust on Video | Photographer Arrested

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.

 

https://www.drug2go.com/2018/04/dog-sniff-delay-of-20-minutes-is-too.html

Photo

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.

https://www.drug2go.com/2018/04/mysterious-marijuana-delivery-from-ups.html

Mysterious Marijuana Delivery from UPS and The Party Animal

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
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.

https://www.centrallaw.com/lie-detector-polygraph-admissible-court/

Is the Lie Detector | Polygraph Admissible in Federal Court?

Is the Lie Detector | Polygraph Admissible in Federal Court?

Can a student lose financial aid for the possession or sale of illegal drugs that occurred while receiving federal student aid?

Yes.

https://www.drug2go.com/2018/04/drug-conviction-student-financial-aid-FAFSA.html

Can Drug Charges Destroy Opportunities for Student Financial Aid?

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

https://www.rollingstone.com/music/music-news/suge-knights-former-lawyers-arrested-on-felony-charge-205370/
‘Suge’ Knight attorneys released 1 day after arrest
'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

https://www.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.

Florida Department of Law Enforcement FDLE Prescription Drug Death Statistics

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.

https://www.drug2go.com/2010/12/florida-prescription-drug-report-tampa.html

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#HowTo Determine Weight of a Mixture in #DrugCrimes?

One Court just Changed the Rules

How Is the Weight Determined in Case of a Mixture in Drug Crimes?
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.”

https://www.themarshallproject.org/2017/06/03/mugged#.NIfiWAtnf

Mugged!

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
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
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
State attorney drops 41 cases over officers’ issues
State attorney drops 41 cases over officers' issues

news4jax.com


Restrictions on Medical Marijuana Dispensaries

Pasco Marijuana

Pasco Marijuana

Another #Florida limit on #marijuanalaws #mmj

https://t.co/sCscAqhNe4

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.

https://www.drug2go.com/2016/08/growhouse-gunfight-tampa-florida.html

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

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

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


 

Florida Court reverses Constructive Possession of Drugs Conviction

https://www.drug2go.com/2016/08/constructive-possession-of-drugs-florida.html

Constructive Possession of Drugs in Florida
Constructive Possession of Drugs in Florida

Florida Drug Dog Sniff Case Overturned

Another Florida Drug Dog Sniff Case Overturned
Another Florida Drug Dog Sniff Case Overturned

 Complete List of Florida Controlled Substances

Ultimate #Complete #List of #Illegal #Drugs in #LoveFL https://www.drug2go.com/p/drug-dictionary.html

Drug Attorney Tampa Lawyer on Call | 813-222-2220 | Hillsborough FL | 24/7/365: Drug Dictionary


Florida Growhouse Busted

#Oops Video from inside a Winter Haven #LoveFL #Growhouse #cannabiscommunity #cannabislaws #marijuana

https://www.drug2go.com/2016/06/growhouse-busted-in-winter-haven-florida.html

Growhouse Busted in Winter Haven, Florida – Video From the Inside

Growhouse Busted in Winter Haven, Florida - Video From the Inside

Growhouse Busted in Winter Haven, Florida – Video From the Inside


Is there a marijuana grow house in your neighborhood?

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

https://www.drug2go.com/2016/05/cannabis-growhouse-in-hillsborough-florida.html

#cannabiscommunity, #cannabislaws, #marijuana, #norml

Is there a marijuana grow house in your neighborhood?

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

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

https://www.drug2go.com/2016/05/what-happens-when-suspect-throws-drugs.html

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.”

https://www.fox13news.com/news/local-news/139621761-story

#CannabisCommunity #CannabisLaws #Weed

Tweet looking for drugs answered by Sarasota police


 

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.

Orlando Florida Marijuana Decriminalization Cannabis Ordinance

Florida Marijuana Decriminalization – Orlando Florida Cannabis Ordinance
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
Tampa Cannabis Decriminalized - Complete Text of Tampa Cannabis Ordinance

MAP: Civil Citations for Marijuana-related Violations


Weedman Arrested Again

 

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

#WeedMan #CannabisLaws #CannabisCommunity

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

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.

https://www.drug2go.com/2016/04/StPetersburg-Marijuana-Citation-Cannabis-Attorney.html

St Petersburg, Florida Marijuana Civil Citation Program

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
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

https://www.drug2go.com/2010/09/drug9101-possession-of-controlled.html

DRUG9101 POSSESSION OF CONTROLLED SUBSTANCE

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

Dog Sniff Drug Dog Oxtcodone 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.”

https://www.drug2go.com/2016/02/constructive-possession-cocaine-Tampa-Florida.html

Constructive Possession of Cocaine in Florida - Conviction Tossed

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
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

https://interactive.fusion.net/death-by-fentanyl/the-walter-white-of-wichita.html

The Walter White of Wichita
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.

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.

https://www.drug2go.com/2016/01/methamphetamine-case-tossed-open-door.html

Methamphetamine Case Tossed - Open Door and the Community Caretaker Function

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.

https://www.centrallaw.com/top-50-ways-hillsborough-county-jail/

 Law Office of W.F. ''Casey'' Ebsary Jr

 

Definitive List of Florida  Drug Crimes.

https://www.drug2go.com/2016/01/drug-crimes-tampa.html

250 Types of Drug Crimes | Tampa, Hillsborough County, Florida

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

https://www.drug2go.com/2015/12/medical-marijuana-dispense-grow.html

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

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?

https://www.drug2go.com/2014/06/medical-marijuana-legal-advice-can.html

#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 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.

https://www.drug2go.com/2015/12/medical-marijuana–florida-ballot-in.html

Medical Marijuana on Florida Ballot in 2016 Says the Supreme 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

https://www.tampabay.com/news/localgovernment/romano-citations-for-pot-dont-just-stop-there/2258089

” 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.”

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.

https://www.drug2go.com/2015/12/search-warrant-growhouse-florida.html

Get a Search Warrant for Grow Room says Florida Supreme Court

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.

https://www.drug2go.com/2015/12/how-to-beat-drug-dog-search.html

How to Beat a Drug Dog 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%).

https://www.drug2go.com/2015/12/drug-sniffing-dog-accuracy-update.html

Drug Sniffing Dog Accuracy Update

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.

https://www.drug2go.com/2015/12/tampa-marijuana-attorney-motion-to.html

 Tampa Marijuana Attorney - Motion To Suppress
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

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 . . .

https://www.drug2go.com/2015/11/marijuana-growers-in-florida.html

Marijuana Growers Florida

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 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.

Drug Crimes: The People's Guide to Fighting Like and Expert

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

Good news for veterans in trouble in Tampa.

Veterans Treatment Court VTC in Hillsborough County, FL

Veterans Treatment Court VTC in Hillsborough County, FL

 

Veterans Court – Tampa – Hillsborough County, Florida

Veterans Court – Tampa – Hillsborough County, Florida

Veterans Treatment Court, Dismissed, Pretrial Diversion, Pretrial Intervention, Misdemeanor Intervention
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.

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

Law Enforcement Drones - Tampa Drug Lawyer on Marijuana, Drones & Your Legal Defense Options

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.” 

Police Use of Drones

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, a law 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 a Tampa 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.

See https://www.faa.gov/uas/public_operations/

 Video – Unmanned Aircraft Drone Usage Rules

 

 

Here are the key provisions. A small unmanned aircraft system or UAS  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 Proposed New Rules for Small Unmanned Aircraft Systems

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:

https://www.stetson.edu/law/lawreview/media/19StetsonLRev1.pdf

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.

Federal Executive Clemency – 10 Questions to Ask

Federal Executive Clemency - 10 Questions to Ask
Federal Executive Clemency
10 Questions to Ask

We spent considerable time last week assembling our team to begin expediting the clemency petitions to be filed under the new Executive Clemency Initiative. Our team includes two Board Certified Criminal trial Lawyers and a number of other attorneys and paralegals. Our sense is that while most inmates will eventually receive some attention, our goal will be to quickly gather needed information, and to expedite the completion of the case file for federal authorities to evaluate. We have collected and listed below the basic information needed to get started and the specific questions we believe will need answers.


Ten Facts Needed for Executive Clemency Review


To begin the process, our clemency attorneys will need the following information:
• Name – first, last, middle
• Date of Birth
• District Court Case Number
• Bureau of Prisons Facility Location and Address
• BOP Register Number
• District where sentenced
• Projected Release Date
• Attorney who represented you at sentencing — please provide name and address if you know it
• Attorney(s) who previously represented you in any appeal, habeas proceeding, sentence reduction proceeding, or application for sentence commutation — please provide name and address if you know it.
• If you currently have an attorney representing you in any aspect of your federal criminal case including an application for sentence commutation, please provide the attorney’s name, address, and any other contact information if you know it.

Ten Important Questions on Executive Clemency


1. For what offense(s) were you convicted for which you are serving your current federal sentence?
2. What sentence did the judge originally impose?
3. When were you originally sentenced?
4. Were you given a longer sentence for possessing or using a weapon?
5. Was your sentence later changed?
6. If you answered yes to Question 5, what is your current sentence?
7. How much time have you served on your current sentence?
8. Are you currently appealing or challenging any part of your conviction or sentence? If you answered yes, is that case pending?
9. Have you been convicted of any other crimes besides the one(s) for which you are serving your current federal sentence?
10. Have you received any incident reports while serving your current sentence?

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

Pasco Oxycodone Defense Attorney

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

Polk County Marijuana Law

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

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.

 

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

Our drug crimes website has a fully searchable Cannabis Marijuana defense database on marijuana and drug charges in Hillsborough 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.

https://vimeo.com/centrallaw/hillsboroughcannabislawyer

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: https://vimeo.com/centrallaw/hillsboroughcannabislawyer

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

Roger Clemens Not Guilty

 

False Statement to Congress, Performance Enhancing Drugs
Roger Clemens Not Guilty

Feds Need Performance Enhancement Roger Clemens walks. Can’t get Lance Armstrong in February, even though his bike club is going after him and his several Tour de France victories for use of performance enhancing substances. Let’s see if the cyclists can do what the feds could not.


Criminal Defense – Florida Employee Drug Testing Unconstitutional

Employee Drug Testing, Drug Testing, Criminal Defense, Criminal Defense Attorney, Criminal Defense Lawyer

Employee Drug Testing, Drug Testing

Drug Charge Defense 813-222-2220

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 .


 

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