Florida DUI Jury Instructions

Tampa Florida DUI Jury Instructions

Tampa Florida DUI Jury Instructions

DUI Jury Instructions Overview

Jury instructions in a Florida DUI (Driving Under the Influence) case are the legal guidelines provided by the judge to the jury before they deliberate and reach a verdict. These instructions are meant to clarify the law and help the jury apply it to the specific facts of the case. Keep in mind that jury instructions may vary depending on the jurisdiction and the specific circumstances of the case, but here is a general overview of the types of instructions that might be given in a DUI trial:

1. Presumption of Innocence: The judge will instruct the jury that the defendant is presumed innocent until proven guilty beyond a reasonable doubt. They should not assume guilt but must consider all the evidence presented during the trial.

2. Elements of the Offense: The judge will explain the elements of the DUI offense that the prosecution must prove. This typically includes proving that the defendant was operating a motor vehicle while under the influence of alcohol or drugs.

3. Standard of Proof: The judge will explain that the burden of proof rests with the prosecution, and they must prove the defendant’s guilt beyond a reasonable doubt, which is a high standard of proof.

4. Impartiality: The jury will be instructed to remain impartial and not let any personal biases or prejudices influence their decision.

5. Evaluating Evidence: Instructions will be given on how to evaluate and consider the evidence presented during the trial, including testimony, documents, and physical evidence.

6. Expert Witnesses: If expert witnesses were called, the judge may provide instructions on how to consider their testimony.

7. Field Sobriety Tests: If relevant, the judge may instruct the jury on the various field sobriety tests used by law enforcement and how they should weigh the results.

8. Chemical Tests: Instructions may cover the use of chemical tests, such as breathalyzer or blood tests, and how to consider the results.

9. Reasonable Doubt: The judge will explain the concept of reasonable doubt and emphasize that if the jury has any reasonable doubt about the defendant’s guilt, they must acquit.

10. Deliberation: Instructions will be provided on how the jury should conduct deliberations, including the need for unanimous agreement on a verdict.

11. Verdict Options: The jury will be informed about the possible verdict options, which typically include guilty, not guilty, or in some cases, a lesser offense like reckless driving.

12. Jury Questions: The judge may instruct the jury on how to communicate with the court if they have questions during deliberations.

It’s important to note that these instructions can vary by jurisdiction and the specific charges involved in the DUI case. Jurors are expected to follow these instructions carefully to ensure a fair and just verdict based on the evidence presented during the trial.


Driving under the Influence Causing Property Damage / Injury? Call 813-222-2220


Florida Standard Jury Instructions

Overview

In Florida, judges provide crucial instructions provided to juries when a DUI incident involves a crash or injury. These instructions serve as the legal roadmap for jurors, ensuring a fair and just trial. Jurors are guided through essential elements of the offense, such as the defendant’s impairment level, blood-alcohol concentration, and whether they caused property damage or injury. The instructions emphasize the presumption of innocence, the high burden of proof placed on the prosecution, and the need for impartiality in deliberations. Moreover, jurors are educated on key definitions, including the concept of “normal faculties” and “actual physical control” of a vehicle. In cases of inoperability, the defense is outlined, emphasizing that inoperability can be a valid defense if proven. These comprehensive instructions are vital in safeguarding the rights and fairness of DUI trials in Florida.


Official Florida DUI Standard Jury Instructions

§ 316.193(3)(a)(b)(c)1, Fla. Stat.

To prove the crime of Driving under the Influence Causing [Property Damage] [Injury], the State must prove the following three elements beyond a reasonable doubt:

1. (Defendant) drove or was in actual physical control of a vehicle.

2. While driving or in actual physical control of the vehicle, (defendant)

Give 2a or b or both as applicable.

a. was under the influence of [alcoholic beverages] [a chemical substance] [a controlled substance] to the extent that [his] [her] normal faculties were impaired.

b. had a [blood] [breath]-alcohol level of .08 or more grams of alcohol per [100 milliliters of blood] [210 liters of breath].

3. As a result of operating the vehicle, (defendant) caused or contributed to causing [damage to the property of (victim)] [injury to the person of (victim)].

Give if applicable. (Offenses committed prior to October 1, 2008, alcohol level of .20 or higher.)
If you find the defendant guilty of Driving under the Influence Causing [Property Damage] [Injury], you must also determine whether the State has proven beyond a reasonable doubt whether:

a. the defendant had a [blood] [breath]-alcohol level of .15 or higher while driving or in actual physical control of the vehicle.

b. the defendant was accompanied in the vehicle by a person under the age of 18 years at the time of the driving under the influence.


Definitions. Give as applicable.

Vehicle is every device, in, upon or by which any person or property is, or may be, transported or drawn upon a highway, except devices used exclusively upon stationary rails or tracks.

Normal faculties include but are not limited to the ability to see, hear, walk, talk, judge distances, drive an automobile, make judgments, act in emergencies and, in general, to normally perform the many mental and physical acts of our daily lives.

Actual physical control of a vehicle means the defendant must be physically in or on the vehicle and have the capability to operate the vehicle, regardless of whether [he] [she] is actually operating the vehicle at the time.

Alcoholic beverages are considered to be substances of any kind and description which contain alcohol.

( ) is a controlled substance under Florida law. Ch. 893,
Fla. Stat.

( ) is a chemical substance under Florida law. § 877.111(1), Fla. Stat.


When appropriate, give one or more of the following instructions on the presumptions of impairment established by § 316.1934(2)(a), (2)(b), and (2)(c), Fla. Stat.

1. If you find from the evidence that while driving or in actual physical control of a motor vehicle, the defendant had a blood or breath-alcohol level of .05 or less, you shall presume that the defendant was not under the influence of alcoholic beverages to the extent that [his] [her] normal faculties were impaired; but this presumption may be overcome by other evidence demonstrating that the defendant was under the influence of alcoholic beverages to the extent that [his] [her] normal faculties were impaired.

2. If you find from the evidence that while driving or in actual physical control of a motor vehicle, the defendant had a blood or breath-alcohol level in excess of .05 but less than .08, that fact does not give rise to any presumption that the defendant was or was not under the influence of alcoholic beverages to the extent that [his] [her] normal faculties were impaired. In such cases, you may consider that evidence along with other evidence in determining whether the defendant was under the influence of alcoholic beverages to the extent that [his] [her] normal faculties were impaired.

3. If you find from the evidence that while driving or in actual physical control of a motor vehicle, the defendant had a blood or breath-alcohol level of .08 or more, that evidence would be sufficient by itself to establish that the defendant was under the influence of alcoholic beverages to the extent that [his] [her] normal faculties were impaired. But this evidence may be contradicted or rebutted by other evidence demonstrating that the defendant was not under the influence of alcoholic beverages to the extent that [his] [her] normal faculties were impaired.


Defense of inoperability; give if applicable.

It is a defense to the charge of Driving under the Influence Causing [Property Damage] [Injury] if at the time of the alleged offense, the vehicle was inoperable. However, it is not a defense if the defendant was driving under the influence before the vehicle became inoperable. Therefore, if you are not convinced beyond a reasonable doubt that the vehicle was operable at the time of the alleged offense, you should find the defendant not guilty. However, if you are convinced that the vehicle was operable at the time of the alleged offense, then you should find the defendant guilty, if all the other elements of the charge have been proved beyond a reasonable doubt.

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

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

Introduction:

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


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

Video Transcript:

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

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


Understanding the Legal Landscape:

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


Expert Insights:

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

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

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

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


Avoiding Jail Time:

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

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

A Guardian Against Jail Time:

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


Expertise Tailored to Clearwater, FL:

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

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

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

The Cornerstone of Pinellas County’s Legal Landscape:

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

Tailored Wisdom for Clearwater, FL:

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


Navigating Complex Procedures:

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

Simplifying Complex Procedures:

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

Simplifying the Complex:

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


Building a Strong Defense:

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

Constructing an Impenetrable Defense:

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

Forging an Unassailable Defense:

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


Conclusion:

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

In Closing:

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

Closing Thoughts: The Edge:

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


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Shocking Incident at Tampa Airport: Vacation Stunt Leads to Arrest!

Tampa Airport Arrest – Want to go to jail in Tampa come on vacation bring a firearm into the air side have the firearm be found by security at the airport the airport gets evacuated and you get arrested Don’t try this at home!

Unbelievable turn of events at Tampa Airport as a daring vacationer’s stunt takes a disastrous turn, resulting in an arrest. Stay informed with expert legal guidance from  Centrallaw.com. Remember, safety should always be a priority – never attempt such actions at home or during your travels!

Importance of Criminal Defense Counsel After Airport Weapons Incidents

After incidents involving weapons at Tampa International Airport, the importance of seeking criminal defense counsel cannot be overstated. Navigating the legal aftermath of such incidents requires expertise in both aviation and criminal law. An experienced defense attorney can provide guidance, ensuring your rights are protected and a strong defense strategy is developed. From understanding FAA regulations and Florida statutes to building a case tailored to your situation, legal counsel is essential. They can negotiate with prosecutors, aiming for reduced charges or alternative penalties. Facing weapons charges after an airport incident is a serious matter, and having skilled legal representation can make a significant difference in the outcome of your case.

Weapons Arrests at Tampa International Airport: Ensuring Traveler Safety and Compliance

Introduction:

Tampa International Airport, a bustling hub for travelers, is committed to maintaining the highest standards of safety and security. However, incidents involving weapons at airports continue to raise concerns. This article delves into the issue of weapons arrests at Tampa International Airport, highlighting the importance of adhering to FAA regulations and Florida statutes to ensure traveler safety and compliance.

Unveiling the Challenge of Weapons Arrests at Tampa International Airport

Weapons-related incidents at airports pose a significant challenge to airport authorities and law enforcement agencies. These incidents not only jeopardize the safety of travelers and airport staff but also disrupt airport operations and instill fear among passengers.

FAA Regulations: Stricter Measures for Air Travel Safety

The Federal Aviation Administration (FAA) has implemented stringent regulations to prevent the transportation of weapons and dangerous items onto commercial aircraft. These regulations aim to maintain the security of air travel and prevent potential threats.

Bullet Points on FAA Regulations:

  • The FAA strictly prohibits passengers from carrying firearms, explosives, and other hazardous materials in their carry-on or checked baggage.
  • Passengers with a valid firearm permit may transport firearms in their checked baggage if they are properly declared and securely packaged according to FAA guidelines.
  • Ammunition must also be declared and properly stored in accordance with FAA regulations.
  • Violations of these regulations can result in severe penalties, including fines and potential criminal charges.
  • Citation to FAA Regulations: (FAA Regulations, Title 49, Code of Federal Regulations, Part 1540.111)

Florida Statutes: Legal Framework for Weapons Possession

Florida statutes play a crucial role in shaping the legal framework for weapons possession within the state, including at its airports. Understanding and adhering to these statutes are imperative to avoid legal complications.

Bullet Points on Florida Statutes:

  • Florida law outlines various restrictions on carrying concealed weapons, including firearms, knives, and other dangerous weapons, without proper authorization.
  • Possession of certain weapons, such as firearms, in restricted areas of an airport, can lead to immediate arrest and legal action.
  • Travelers are advised to familiarize themselves with Florida’s concealed carry laws to prevent unintentional violations.
  • Citation to Florida Statutes:
    (Florida Statutes, Chapter 790, Weapons and Firearms)

Ensuring Compliance and Safety: Collaborative Efforts

To address the issue of weapons arrests at Tampa International Airport, a collaborative approach involving airport authorities, law enforcement agencies, and travelers themselves is essential.

Airport Security Measures: Tampa International Airport employs advanced security screening technologies and well-trained personnel to detect prohibited items effectively.
Awareness Campaigns: Regular awareness campaigns, both online and at the airport, educate travelers about prohibited items and the importance of compliance.
Law Enforcement Vigilance: Local law enforcement agencies work closely with airport security to promptly respond to and address weapons-related incidents.

Conclusion: A Safer Journey for All

As the gateway to the world for countless travelers, Tampa International Airport prioritizes the safety and well-being of its passengers. Adhering to FAA regulations and Florida statutes is not only legally mandatory but also crucial for ensuring a safe and seamless travel experience. By working together, passengers, airport authorities, and law enforcement agencies can contribute to making air travel from Tampa International Airport secure and worry-free for everyone.

 

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Tags: #TravelMishaps #AirportArrest #SafetyFirst #VacationVibes #SecurityAlert

Speak to a Criminal Defense Attorney Near Tampa, Florida 813-222-2220 Video

Discover the cost of hiring a criminal lawyer in Florida for a 3rd degree felony defense. In this video, we break down the expenses associated with hiring an experienced defense attorney for your case.

Florida Criminal Lawyer Costs: Felony Defense Guide

Discover the cost of hiring a criminal lawyer in Florida for a 3rd degree felony defense. In this video, we break down the expenses associated with hiring an experienced defense attorney for your case. From legal fees to potential outcomes, we provide insights to help you make informed decisions. Learn about the range of costs, from $3,500 to $10,000, and understand how different factors can influence the pricing. If you’re facing a criminal charge, don’t miss this essential information. ???????? #CriminalLawyerCost #FloridaFelonyDefense #LegalFees

 

Tampa Florida Civil Rights and Police Misconduct Attorney/Lawyer

Entrapment, Sex, and Drugs

What is entrapment under Florida law?

Under Florida law, entrapment is a defense strategy that can be used when a defendant claims they were induced by law enforcement to commit a crime they wouldn’t have otherwise committed. Entrapment, under Florida law, refers to a defense strategy where a person claims they were induced by law enforcement to commit a crime they wouldn’t have otherwise committed. To prove entrapment, the accused must show they had no predisposition to engage in criminal activity and that law enforcement agents provided the opportunity and persuasion to commit the offense.

The key elements of entrapment defense in Florida include:

  • Lack of Predisposition: The defendant must demonstrate that they had no predisposition or intention to engage in the criminal activity prior to the government’s involvement.
  • Government Inducement: The government must have actively encouraged or persuaded the defendant to commit the crime.

Florida Statute 777.201 provides the statutory definition of entrapment in Florida. It states:

“Entrapment occurs when a law enforcement officer or a person engaged in cooperation with a law enforcement officer induces or encourages and, as a direct result, causes another person to engage in conduct constituting such crime by employing methods of persuasion or inducement that create a substantial risk that such crime will be committed by a person other than one who is ready to commit it.”

 

Tampa Florida Civil Rights and Police Misconduct Attorney/Lawyer

Florida courts have recognized the defense of entrapment and have provided guidance on its application. Notable cases include:

The entrapment defense is available when the defendant can establish both lack of predisposition and government inducement.

For entrapment to be successful, the defendant must show that they lacked the predisposition to commit the crime and that the government’s inducement played a significant role in the commission of the offense.

These issues provide legal authority and support for the defense of entrapment under Florida law. It is important to consult the most recent case law and legal resources for the most up-to-date information and specific citations related to entrapment in Florida.

Case Finds Sex for Drugs Entrapment

In Madera v. State, 943 So. 2d 960 (Fla. 4th DCA 2006), the court found objective entrapment where “[t]he CI made promises of an intimate relationship, to include sexual relations, if the defendant would assist her in obtaining drugs.” 943 So. 2d at 962. One judge recently noted, “the CI made promises of sex. The CI encouraged a romantic relationship including sex. Well, yeah, I can see where this crosses the line. That is outrageous. That is egregious. . . .”

No Sex for Drugs Entrapment

In Medina, a recent entrapment case involving trafficking in and conspiracy to traffic in cocaine the Trial court denied a  motion to dismiss alleging objective entrapment by law enforcement and its agent. The court found that evidence did not support defendant’s claims that law enforcement failed to adequately monitor confidential informant, law enforcement’s payment of CI was contingent on end results, and that CI used appeals to defendant’s emotions with a promise of sex to induce his criminal conduct. Full text of that case follows

 

Sex for Drugs Entrapment Case – Full Text

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FOURTH DISTRICT

YUL H. MEDINA,
Appellant,

v.

STATE OF FLORIDA,
Appellee.

No. 4D20-1522

[July 12, 2023]

Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Tim Bailey, Judge; L.T. Case No. 15-003933CF10A.

William R. Ponall of Ponall Law, Maitland, for appellant.

Ashley Moody, Attorney General, Tallahassee, and Jessenia J. Concepcion, Assistant Attorney General, West Palm Beach, for appellee.

LEVINE, J.

Appellant appeals his convictions for trafficking in cocaine and conspiracy to traffic in cocaine. Appellant claims that the trial court erred in not granting his motion to dismiss due to objective entrapment allegedly committed by law enforcement and its agent. We disagree. We find the trial court correctly denied the motion to dismiss and, thus, affirm his convictions. Appellant raises other issues we find to be without merit, and we affirm those issues without further comment.

Appellant was charged with trafficking in cocaine and conspiracy to traffic in cocaine. Appellant moved to dismiss based, in part, on objective entrapment pursuant to article I, section 9 of the Florida Constitution, alleging his acts were induced as a result of egregious law enforcement conduct.

During a hearing on the motion, appellant presented testimony from himself and a friend, who was dating appellant at the time of the offenses. According to appellant, he assisted the confidential informant (“CI”) because she was unemployed, had no place to live, and had two children. Appellant and his girlfriend testified that they helped the CI get an
apartment, the girlfriend tried to help the CI get a job, and appellant gave the CI money. The girlfriend testified that the CI, who had a boyfriend, called appellant “Mi Amour [sic]” and touched him on the leg.

Appellant testified that he worked at his family business. He denied dealing drugs. Appellant liked the CI, who gave him the impression they could be “life long sole mates [sic].” They were not in a sexual relationship, but were intimate. Appellant did not define what “intimate” meant to him. After not seeing each other for a few weeks, the CI began to continuously ask appellant to purchase kilos of cocaine or assist her in finding someone to purchase it. Appellant repeatedly told her no. All the while, the CI kept acting like they “could have the best relationship ever.” At some point, the CI asked appellant to accompany her to a meeting. En route, appellant found out he was meeting with a man who would have a kilo of cocaine. That man turned out to be an undercover officer. The CI asked appellant to appear tough and pretend to know what he was doing. Appellant, allegedly in fear of the undercover officer, began asking people if they were interested in buying cocaine. The CI continued to ask appellant to buy cocaine and to communicate with the undercover officer. The CI was “coaching” him throughout. Appellant and the CI spoke regularly, and many calls were not recorded.

On cross-examination, appellant admitted that an affidavit he signed in 2013 did not say he had dated the CI or had a relationship with her. Appellant filed the affidavit in a prior case, involving the same charges, that the state had nolle prossed. Appellant also testified during cross-examination that the CI promised if he helped her, they would “be together” and have a “happy life together.” When asked what he was going to get from the CI for buying a kilo of cocaine, appellant responded that he would be helping her get an apartment.

In opposition to the motion to dismiss, the state presented the testimony of the undercover officer. The undercover officer had worked with the CI before and found her reliable and trustworthy, and she followed the rules and regulations. The CI did not have a physical relationship with appellant. The CI, who was friends with appellant, advised the undercover officer that she had seen appellant use drugs and conduct narcotics transactions at his business. The undercover officer arranged a face-to-face meeting with appellant at a restaurant. During the meeting, appellant and the undercover officer discussed the deals they were going to conduct, and the large quantities of cocaine appellant was willing to purchase. After an hour, the undercover officer and appellant went to the undercover officer’s vehicle where the officer presented appellant with a kilo of cocaine as a sample. Appellant inspected the cocaine methodically, making it clear
he “had dealt in checking packages of cocaine before in the past and knows exactly what he is doing.” The undercover officer had no doubt that appellant was not, in fact, an amateur.

According to the undercover officer, after the meeting, the CI continued to talk with appellant like normal, as instructed by the undercover officer. Ninety percent of their phone calls had nothing to do with cocaine or drug deals. The CI told the undercover officer every time she and appellant had a phone conversation. At no time did the CI meet with appellant by herself without police supervision.

After the first meeting with the undercover officer, appellant contacted the CI to meet with her. The CI, who was wearing a wire, met with appellant, who discussed the future of transactions with the undercover officer. He discussed other individuals he was brokering the deal with and the amount of cocaine he was going to purchase from the undercover officer. No flirtation at all occurred between the CI and appellant.

Appellant and the undercover officer engaged in several phone calls coordinating the drug deal. Appellant initiated phone contact with the undercover officer on several different occasions. Appellant texted the undercover officer to proceed with the purchase of one kilo of cocaine for $25,000. Appellant met with the undercover officer. During the meeting, they discussed future drug transactions and appellant’s desire to establish something larger, creating a pipeline from Colombia where appellant was from and using a contact he had in a port. During the conversation, appellant advised that a female, the codefendant, was coming with the money. The codefendant parked her car next to appellant’s and placed the money in appellant’s vehicle. Appellant then retrieved the money from his vehicle and entered the undercover officer’s vehicle. After exchanging the money for the cocaine, the undercover officer gave the takedown signal.

After being Mirandized, appellant spontaneously said, “Wow, you’re a cop. You’re good, man.” When walking to the detention facility, appellant kept saying, “I’m f—ed,” asked how to get out of this, and asked for help. Appellant advised that he knew other drug dealers and stated he wanted to work other drug dealing operations.

The undercover officer further testified that appellant could have backed out numerous times. The undercover officer had no doubt that appellant was ready to conduct the drug transaction and knew exactly what he was doing. According to the undercover officer, the CI did not coach appellant. The CI had no prior criminal arrests and no drug history. The CI was paid based on her participation, regardless of the outcome of
the case. During the undercover officer’s testimony, the state introduced audio and video recordings of the meetings and telephone conversations between appellant and the CI, and between appellant and the undercover officer, as well as transcripts transcribing the conversations from Spanish.

The trial court denied the motion to dismiss as to objective entrapment, finding no outrageous police conduct. The trial court explained:

I’m basing it on primarily two things, [the undercover officer’s] testimony and [appellant]’s affidavit. I just find it hard to believe that [appellant] is going to provide a sworn statement on his dealings with [the CI] and never mention we were an item. We were involved. She was offering sex.

I think the way that the Madera [Madera v. State, 943 So. 2d 960 (Fla. 4th DCA 2006)], case says, the CI made promises of sex. The CI encouraged a romantic relationship including sex. Well, yeah, I can see where this crosses the line. That is outrageous. That is egregious. I don’t see the facts in this case pushing me to that conclusion.

. . . .

Well, I got to be persuaded that the cop’s agent, [the CI], was trying to offer sex to get this guy to do this deal. I’m not finding that is what I have here. I think that is a little bit of a reach.

The case then proceeded to trial. At trial, the undercover officer testified consistently with his testimony during the motion to dismiss. The state published recordings of the meetings and conversations between appellant and the CI, and between appellant and the undercover officer, with translations from Spanish. The state called appellant’s codefendant as a cooperating witness, who testified she sold cocaine to appellant over a hundred times. The codefendant had no doubt appellant was selling cocaine based on the amounts he bought from her. The codefendant and appellant pooled their money to buy the kilo of cocaine, which they were going to sell in smaller quantities.

Appellant testified in his defense that he and the CI had an intimate, but not sexual, relationship. Appellant wanted to take his relationship with the CI to the “next level,” and the CI made him believe that a romantic relationship with her was a possibility. On cross-examination, appellant testified for the first time that he had oral sex with the CI. He admitted
the CI never promised him sex in exchange for purchasing the kilo of cocaine. Appellant renewed the motion to dismiss after his testimony, and the trial court denied the motion.

The jury found appellant guilty as charged. The trial court sentenced appellant to the statutory minimum mandatory of fifteen years of imprisonment. Appellant appeals.

Appellant claims that law enforcement and its agent, the CI, utilized conduct that violated due process and as such violated article 1, section 9 of the Florida Constitution (“No person shall be deprived of life, liberty or property without due process of law. . . .”). “The review of the denial of a motion to dismiss founded on objective entrapment is de novo.” Dippolito v. State, 275 So. 3d 653, 658 (Fla. 4th DCA 2019). In this case, appellant claims that the conduct constituted objective entrapment.1 Objective entrapment is when the “conduct of law enforcement agents is so outrageous that due process principles would absolutely bar the government from invoking judicial processes to obtain a conviction.” State v. Laing, 182 So. 3d 812, 816 (Fla. 4th DCA 2016) (alteration omitted) (quoting Tercero v. State, 963 So. 2d 878, 883 (Fla. 4th DCA 2007)). When considering whether law enforcement’s actions constituted objective entrapment, we “must look to the totality of the circumstances, focusing on whether the government conduct so offends decency or a sense of justice that judicial power may not be exercised to obtain a conviction.” Id. (citation and internal quotation marks omitted).
1 Although appellant raised both subjective and objective entrapment below, on appeal appellant raises only objective entrapment. Therefore, appellant has waived and abandoned any claim of subjective entrapment under section 777.201. See Polyglycoat Corp. v. Hirsch Distribs., Inc., 442 So. 2d 958, 960 (Fla. 4th DCA 1983).

Objective entrapment is a “matter of law for the court to decide.” Dippolito, 275 So. 3d at 659. It is clear that “the ultimate decision of whether the conduct of law enforcement constitutes objective entrapment remains for the court, not a jury, to decide . . . , and the court determined the issue without assistance from the jury. We find no mandatory requirement that the issue be submitted to the jury for resolution.” Id. at 659-60. Further, to the extent the issue on appeal involves the resolution of disputed factual issues, “this court will not reverse a trial court’s findings of fact where they are supported by competent, substantial evidence.” State v. Taylor, 784 So. 2d 1164, 1166 (Fla. 2d DCA 2001).

Only limited types of governmental conduct have resulted in a finding
of objective entrapment.
See State v. Williams
, 623 So. 2d 462 (Fla. 1993) (finding objective entrapment where police manufactured and initiated sale of crack cocaine);
State v. Glosson
, 462 So. 2d 1082 (Fla. 1985) (finding contingency fee arrangement for informant’s testimony violated due process);
State v. Hunter
, 586 So. 2d 319 (Fla. 1991) (finding objective entrapment where informant’s contract with police required him to obtain four kilograms of cocaine to reduce his sentence);
Dial v. State
, 799 So. 2d 407, 410 (Fla. 4th DCA 2001) (finding objective entrapment where informant “target[ed] an innocent person [working] under her supervision and exploit[ed] her weaknesses without any efforts from law enforcement to avoid entrapment or monitor the informant’s activities”).

In this case, appellant relies on three different reasons to justify his claim of objective entrapment. Appellant claims that the police failed to monitor the CI, objects that payment to the CI was contingent on the work the CI did and the results law enforcement obtained as a result of her assistance, and finally alleges the CI used sex to induce him to commit the crimes of trafficking and conspiracy.

Appellant’s claim that law enforcement failed to monitor the CI is meritless. During the investigation, law enforcement told the CI to continue her friendship with appellant as normal so that appellant would not be alerted to any change in behavior. This was done, at the behest of law enforcement, for the safety of the CI. The CI reported all of her calls to the undercover officer, who testified in turn that “90%” of the phone calls had nothing to do with the cocaine trafficking. The CI complied with the undercover officer’s instruction not to meet with appellant without law enforcement supervision. The CI was always wired and monitored by law enforcement when she met with appellant.

It is important to note that the failure to monitor a CI, in and of itself, would not necessarily support a dismissal for objective entrapment.

Failure to supervise a CI will not support dismissal unless the lack of supervision results in unscrupulous conduct by the informant. Without more, this failure does not rise to the level of a due process violation. The mere fact that the [CI] made repeated phone calls to appellant without the police monitoring them is insufficient to show entrapment.

Dippolito, 275 So. 3d at 658 (citations omitted). Thus, the fact that some calls were not reported in the present case, but still reported to law enforcement, does not constitute objective entrapment.

Appellant also complains about the method of payment to the CI. The undercover officer testified at length as to how the CI was paid in this case. The CI was paid based solely on her participation in the case. The CI’s payment was not contingent on the amount of money recovered by law enforcement or the amount of drugs involved, nor was payment tied to appellant’s conviction or arrest. The CI did not know what she was going to make. The undercover officer would recommend a payment amount based on the CI’s ability to follow instructions, performance, information provided, and length of service as a CI. The chief of police would then make the ultimate decision as to the amount of payment.

It is clear in this case that the payment was not contingent on any result. Nor was it contingent on the substance of the testimony or the amount of narcotics involved in the transaction. In Glosson, for example, the Florida Supreme Court found that a confidential informant’s fee being contingent on trial testimony or contingent on getting a conviction would violate constitutional principles of due process. 462 So. 2d 1082. Being a paid informant is not prohibited per se or in any way violative of constitutional parameters. Only if the payment is structured so that payment is contingent on the amount of drugs, the type of testimony, or the result at trial can due process concerns result. None of these unlawful contingencies exist in the present case.

Finally, appellant claims that the CI used appeals to his “emotions” with a “promise of sex” to induce his criminal conduct. Appellant claims that the lure of sex by the CI constituted objective entrapment.

It must be noted that over the course of this case, appellant’s claims characterizing the actions of the CI have changed. In the initial 2013 affidavit, appellant did not claim he had an intimate relationship with the CI, nor did he mention any sexual inducement. During a hearing on the motion to dismiss, appellant then claimed he had an intimate, but not sexual, relationship with the CI. During the trial, on direct testimony, appellant stated he had an intimate, but not sexual, relationship with the CI. Appellant testified he wanted to take his relationship to the next level, and he believed a romantic relationship was a possibility.

Only on cross-examination, during the trial, did appellant testify for the first time that he had oral sex with the CI. At no time did appellant testify that the CI promised him sex in the future, or that any sex was tied to appellant’s participation in the drug trafficking offense. Even the allegations of sexual contact brought up for the first time in cross-examination were never tied to appellant’s participation in the drug trafficking. In fact, during cross-examination, when asked what appellant
was going to get from the CI for buying the kilo of cocaine, appellant responded that he would be helping the CI get an apartment. So even in cross-examination, appellant never linked sex to his participation in the crime.

This case is unlike Madera, where our court found objective entrapment where “[t]he CI made promises of an intimate relationship, to include sexual relations, if the defendant would assist her in obtaining drugs.” 943 So. 2d at 962. In the present case, the CI did not make promises of sex if appellant would purchase the kilo of cocaine. Appellant’s own testimony stated that he believed that he and the CI could be “life long sole mates [sic],” but he never tied this subjective feeling to any of the CI’s statements. In fact, except for his testimony on cross-examination, appellant had always stated that he never had a sexual relationship with the CI. Finally, there was never any testimony that the CI promised him a sexual relationship in exchange for his participation in the drug trafficking.

Significantly, the trial court denied the motion to dismiss based in part on objective entrapment due to the fact that the initial affidavit from appellant in 2013 did not contain any allegation of sexual inducement by the CI. The trial court made a credibility finding when stating: “I just find it hard to believe that [appellant] is going to provide a sworn statement on his dealings with [the CI] and never mention we were an item. We were involved. She was offering sex.” It is within the trial court’s domain to resolve disputed issues of fact. As such, the instant case is unlike Nadeau v. State, 683 So. 2d 504, 507 (Fla. 4th DCA 1995), on which appellant relies, because that case involved the issue of subjective entrapment, which, by the nature of the defense, requires the submission of disputed factual issues to a jury, unlike objective entrapment.

Based on the evolving and changing positions of appellant as to his relationship with the CI, the trial court could disbelieve appellant’s testimony, as a whole or in part, and determine that the factual basis alleged to establish objective entrapment did not occur as alleged. See Dippolito, 275 So. 3d at 659 (“Even if there were disputed issues of fact, the trial court resolved those issues on the motion to dismiss filed by the appellant and determined that law enforcement’s conduct was not so outrageous as to offend due process principles.”).

Objective entrapment is implicated only when the conduct of the state or its agents is so wrong that society’s sense of decency is offended. This remedy is limited to those rare occasions and circumstances where the conduct “so offends” that the court will be required to act to prevent the
reoccurrence of such behavior from the state against its citizens. The facts of this case do not violate these parameters, or the due process requirements of the Florida Constitution, and as such, we affirm.

Affirmed.

DAMOORGIAN and KUNTZ, JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.

 

Lawyer Reacts - 3 Scary Ways Judges Can use AI

3 Scary Ways Florida Judges Can use AI


Lawyer Reacts: 3 Scary Ways Judges Can Use AI


Artificial Intelligence (AI) has revolutionized numerous industries, and the legal system is no exception. Judges now have access to powerful AI tools that can assist them in making crucial decisions. While these technological advancements have their merits, there are some aspects that give lawyers like me pause. Here are three scary ways judges can use AI:

  1. Risk Assessment: Judges can employ AI tools that assess the risk of recidivism or flight risk for defendants. These tools take into account various factors, such as criminal history, personal characteristics, and social environment. While this can aid in bail and parole decisions, there are concerns about the potential biases encoded within the algorithms.
  2. Case Prediction: AI algorithms can analyze vast amounts of past case data to predict the likely outcome of a current case based on similar precedents. This can help judges make more informed decisions, but it also raises concerns about the potential for relying too heavily on past outcomes, potentially overlooking unique aspects of each case.
  3. Sentencing Guidelines: AI can assist judges by providing recommendations for appropriate sentencing based on factors such as the severity of the crime, the defendant’s criminal history, and demographic information. This has the potential to promote consistency in sentencing decisions. However, there are concerns about the fairness and transparency of these algorithms, as they may perpetuate existing biases within the criminal justice system.

AI and the Future of Criminal Justice


While AI has the potential to improve efficiency and consistency in the legal system, it is crucial to tread carefully. Lawyers and judges must ensure that these tools are used ethically and transparently, taking into account the limitations and potential biases of AI algorithms. As a criminal defense lawyer, I believe it is essential to continuously monitor and evaluate the use of AI in the legal system. By staying informed and engaging in discussions about its impact, we can work towards a fair and just implementation of AI in our judicial processes. Artificial Intelligence (AI) has brought significant advancements to the legal system, enabling judges to leverage its power for making informed decisions. However, as a lawyer, I have concerns about certain applications of AI that could have unintended consequences.

3 Scary Ways Judges Can use AI

3 Scary Ways Judges Can use AI


Here are three more scary concerns when judges use AI:


  • Biased Data and Algorithms: AI systems heavily rely on data, and if the data used to train the algorithms is biased, it can perpetuate and amplify existing inequalities within the legal system. Judges must be cautious about the sources and quality of the data used in AI tools to avoid discriminatory outcomes.
  • Lack of Accountability: When AI algorithms are responsible for making decisions, it becomes challenging to hold them accountable for errors or biases. Judges must take an active role in understanding the underlying mechanisms of AI tools and ensure transparency and accountability in their usage.
  • Ethical Dilemmas: AI can face ethical dilemmas where it is difficult to strike the right balance between efficiency and fairness. For example, an AI tool that optimizes for reduced caseloads may prioritize speed over thorough analysis, potentially compromising justice. Judges must be mindful of these ethical challenges and use AI as a supporting tool rather than relying solely on its outputs.

Conclusion:


It is crucial for judges, lawyers, and policymakers to work together in establishing guidelines and regulations to address these concerns. Transparency, explainability, and regular audits of AI systems are necessary to ensure they align with legal and ethical standards. As AI continues to evolve, legal professionals must stay updated on the latest developments, engage in ongoing discussions, and advocate for responsible AI practices in the courtroom. By leveraging AI technology thoughtfully, we can enhance the legal system while safeguarding the principles of justice and fairness.


Sources:

“Artificial Intelligence and Legal Decision-Making” – Journal of International Arbitration Volume 36, Issue 5 (2019) pp. 539 – 573. Available at: https://sifocc.org/app/uploads/2020/04/Artificial-Intelligence-and-Legal-Decision-Making-The-Wide-Open-Maxi-Scherer-041119.pdf

“The Ethics of Artificial Intelligence in Law” – Forthcoming chapter in Oxford Handbook of Ethics of AI, 2020 U of Colorado Law Legal Studies Research Paper No. 19-29. Available at: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3441303

How can Judges use AI? – Case Prediction

Video: Case Prediction – How can Judges use AI?

Judges can use AI algorithms to analyze past case data and predict the likely outcome of a current case based on similar precedents, helping them make informed decisions. ORDER in the Court – How can Judges use AI? Case Prediction Case prediction, Judges, AI, Lawyers #CasePrediction #Judges #AI #Lawyers

 

Enhancing Judicial Predictions: Harnessing AI for Case Outcome Projections

 

Introduction:

Artificial Intelligence (AI) has transformed various sectors, and its potential to assist judges in predicting the outcome of a case is gaining attention. By leveraging AI technologies, judges can make more informed decisions, enhance efficiency, and promote fairness in the legal system. While human judgment remains essential, AI tools can provide valuable insights and aid in the decision-making process.

Data Analysis and Pattern Recognition:

Judges can utilize AI algorithms to analyze vast amounts of legal data, including court precedents, statutes, and relevant case documents. AI-powered systems can identify patterns and correlations, enabling judges to evaluate the strength of legal arguments and anticipate potential outcomes based on historical data.

Legal Research and Analysis:

AI tools can streamline legal research by swiftly searching through extensive legal databases, identifying relevant cases, and extracting pertinent information. Judges can then utilize this comprehensive analysis to assess the merits of a case, identify potential legal issues, and predict potential outcomes.

Risk Assessment:

AI algorithms can assist judges in evaluating the risk associated with various case factors, such as the credibility of witnesses, the presence of specific legal arguments, or the complexity of the legal issues. By considering multiple variables simultaneously, AI can provide judges with an objective risk assessment, aiding in the prediction of case outcomes.

Supporting Decision-Making:

AI systems can generate predictive models that present judges with possible outcomes based on a range of inputs. These models can be continuously refined and updated to adapt to changing legal dynamics. Judges can use these projections as supplementary information, helping them consider different scenarios and make well-informed decisions.

Ethical Considerations and Human Oversight:

While AI can be a powerful tool, it should not replace human judgment or undermine the principles of justice. Judges must exercise caution in relying solely on AI predictions and instead treat them as valuable resources. Human oversight is crucial to ensure that the use of AI in the legal system remains fair, transparent, and accountable.

Conclusion:

The integration of AI in the judicial process has the potential to revolutionize the legal landscape. By leveraging AI algorithms, judges can access a wealth of legal knowledge, identify patterns, and make more accurate predictions about case outcomes. However, it is essential to recognize that AI should be used as an aid to human judgment rather than a substitute for it. As technology continues to advance, judges can harness the power of AI to promote efficiency, enhance fairness, and improve the overall quality of legal decisions.

Law Enforcement at the Gasparilla Pirate Festival

Tampa Police Car

Tampa Police Car


The Role of Law Enforcement at the Gasparilla Pirate Festival

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


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

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


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

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


Alcohol and Drug Laws

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


Crowd Control

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


Conclusion

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


This information was researched using assistive intelligence technology AI.

How to get arrested at the Gasparilla Pirate Festival?

How to get arrested at the Gasparilla pirate fest?

How to get arrested at the Gasparilla pirate fest?

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


Arrest numbers

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


Reasons for Arrests

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

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

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


Arrests and the Law Enforcement’s role

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


Conclusion

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

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


This information was generated using assistive intelligence technology AI.

Is cannabis use legal at the Gasparilla pirate fest?

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

Is Cannabis use legal at the Gasparilla pirate fest?

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


Possession of Cannabis in Tampa, Florida

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


Cannabis remains illegal under State and Federal Laws

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


Law Enforcement Presence

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


Conclusion

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


This information was generated using assistive intelligence technology AI.