Articles Posted in Drug Crimes

In general, Jacksonville police officers cannot search a house without a warrant. However, there are exceptions to the rule. On exception to the Jacksonville Florida requirement that a warrant is need for a search is the “protective sweep.”
When police officers make an arrest in a house, they “may as a ‘precautionary matter and without probable cause or reasonable suspicion, look in closets and other spaces immediately adjoining the place of arrest from which an attack could be immediately launched.'” Rogers v. State, 36 Fla. L. Weekly D725b (Fla. 4th DCA 2011)(citing Maryland v. Buie, 494 U.S. 325, 334 (1990)). This is known as a protective sweep and cannot go any further than necessary to protect the officers from harm. For a protective sweep to go further, “there must be articulable facts which, taken together with the rational inferences from those facts, would warrant a reasonably prudent officer in believing that the area to be swept harbors an individual posing a danger to those on the arrest scene.” Buie, 494 U.S. at 334

When the Jacksonville Sheriff’s Office conducts a search of a house using the protective sweep exception, it must follow the law as set forth in Florida cases such as Rogers v. State.

In Kilburn v. State, 36 Fla. L. Weekly D394b (Fla. 1st DCA 2011), the Florida First District Court of Appeals ruled that a Florida inventory vehicle search of a vehicle was invalid and declared an unlawful search. The defendant, Kilburn, was arrested for Florida DUI (driving under the influence). The police officer towed Kilburn’s car, because it was in an unsafe location. As part of the process, officers conducted an inventory search, but they did not have any standardized criteria or procedures for such a search. During the search, they found marijuana, alprazolam, and hydrocodone inside of a pill bottle. Kilburn was also charged with possession of these drugs.

The Florida appellate court ruled that while inventory searches are permitted, in order for this warrant exception to apply, “the inventory search must be ‘conducted according to standardized criteria.’ State v. Wells, 539 So. 2d 464, 468 (Fla. 1989)… The requirement for standardized criteria serves to limit police discretion in determining the scope of the search and ensures that the police will not abuse the exception and use the inventory search as a subterfuge for a criminal investigatory search. Id. at 469; see also Rolling v. State, 695 So. 2d 278, 294 (Fla. 1997).”

As a Jacksonville Criminal Lawyer, I have seen hundreds of Jacksonville criminal cases involving illegal drugs and controlled substances. Jacksonville Florida is no stranger to drug crimes, such as arrests related to methamphetamine (Jacksonville Meth Lab Article). Florida Statute Section 893.13 makes it illegal to manufacture, possess, deliver, or sell controlled substances in Jacksonville. This law includes possession of methamphetamine (meth). 

Today, a major arrest occurred about two hours away from Jacksonville, Florida in Guyton, Georgia. The Savannah Morning News reported that a man was arrested for trafficking methamphetamine, possession of methamphetamine with intent to distribute, possession of a firearm by a convicted felon, possession of counterfeit substances and possession of marijuana.

According to a recent study, “More high school seniors this year used marijuana than smoked cigarettes in the past 30 days,” USA Today reports. Teenagers need to understand the ramifications involved with marijuana use. In Jacksonville, Florida, possession of less than 20 grams of marijuana is a misdemeanor. While possession of 20 grams or more of marijuana is a felony offense. A plea to a marijuana charge will also result in a driver’s license suspension. Jacksonville juveniles charged with possession of marijuana should be given the opportunity to get their charges dropped, whether through a pretrial intervention program or other source. Even though a Jacksonville juvenile may try marijuana as a teenager, he or she should not have to live with that criminal record as an adult. By entering a program and getting the charges dropped, the Jacksonville juvenile would get any needed assistance and be able to avoid a plea to Jacksonville possession of marijuana.

If you are facing Possession of Marijuana (Cannabis) charges in Jacksonville, Florida or the surrounding counties, contact a Jacksonville Possession of Marijuana Lawyer.

Recently, the Florida Third District Court of Appeals reversed a Florida cocaine possession case. The court filed its opinion on December 8, 2010 for Watson v. State (35 Fla. L. Weekly D2717b). Watson was convicted and sentenced to ten years in prison for trafficking in cocaine. He was pulled over and the officer found 124.6 grams of cocaine. He testified that he did not know the cocaine was under the the seat and that the car was not his. The officer never testified that he saw Watson hide the bag. During closing arguments, the State argued that it could be inferred from the bag’s position that Watson was trying to conceal the cocaine.

In this Florida Cocaine Possession Case, the Florida appellate court ruled that a prosecutor must confine his closing argument to evidence in the record and must not make comments which could not be reasonably inferred from the evidence. The evidence did not inferred that Watson hid the drugs, so the prosecution should not have stated this in the closing argument. The case was reversed.

If you are facing Possession of Cocaine or Trafficking in Cocaine charges in Jacksonville, Florida or the surrounding counties, contact a Jacksonville Possession of Cocaine Lawyer.

In Jacksonville, Possession of Cocaine can be established by actual or constructive possession. Jacksonville constructive possession of cocaine occurs when the drug is in a place over which the Jacksonville criminal defendant has control or in which the he or she has concealed it. If the drug is in a place over which the Jacksonville criminal defendant does not have control, the State must prove his or her (1) control over the cocaine and (2) knowledge that the cocaine was there.

In Jacksonville Possession of Cocaine cases, the Duval County State Attorney’s Office will use the circumstances surrounding the encounter that police had with the Jacksonville criminal defendant to prove constructive possession at trial. However, the prosecutor cannot make unreasonable inferences that are not supported by the evidence (See Watson v. State, 35 Fla. L. Weekly D2717b (Fla. 3rd DCA, 2010)).

If you are facing Possession of Cocaine charges in Jacksonville, Florida or the surrounding counties, contact a Jacksonville Possession of Cocaine Lawyer.

In many Jacksonville Florida criminal cases, the State Attorney must prove possession. Examples of “possession” crimes are possession of marijuana, cocaine, or other controlled substances. There is also possession of a firearm by a convicted felon. Possession can be actual or constructive.

Actual Possession occurs when the Defendant has the item in his hand or on his person, the item is in a container in his hand or on his person, or the object is so close as to be within ready reach and is under the control of the person. Constructive Possession means that the object is in a place that the Defendant has control or in which he has concealed it.

In most criminal “possession” cases, constructive possession is easier to negate. Just because the Defendant is close to the item, this does not mean that he was in possession of it. You must look at the circumstances surrounding the situation to determine if there is constructive possession.

In some Jacksonville criminal drug cases, police conduct an illegal search and/or seizure. For instance, a police officer may search a person or a person’s home in a manner that violates the 4th amendment of the Constitution. If a Jacksonville illegal search occurs and police find drugs (or other incriminating evidence), that evidence may be suppressed. If the evidence is suppressed, the State Attorney cannot introduce this evidence at trial.

Recently, the Florida Third District Court of Appeal ruled on the legality of a residential search. In State v. Ojeda (opinion filed Oct. 27, 2010), the defendant, Ojeda, filed a motion to suppress marijuana on the grounds that his consent to search the residence was coerced by an unreasonable display of police force. Seven police officers went to Ojeda’s residence. Some officers went to the door and others spread out around the residence. When Ojeda answered the door, a detective stated that he had been given a tip that pot was being cultivated inside the house. Ojeda invited police into the house and stated post-Miranda that he was willing to cooperate with the investigation. Five officers entered the house, and Ojeda signed a consent-to-search form and led to the discovery of a large amount of marijuana.

The court ruled that, unless there is valid consent or exigent circumstances, the police must obtain a warrant to search private property. Therefore, the motion to suppress was granted. The court reasoned that the unreasonable display of police presence outside the residence would have made a reasonable person believe that he had no choice but to acquiesce. There were no exigent circumstances present, and the police should have taken the time to get a warrant.

In Jacksonville, Florida, people are often arrested for possession of marijuana. In my career as a Jacksonville Possession of Marijuana Lawyer, I have handled hundreds of possession of marijuana cases. In some instances, the defendant is in actual possession of the marijuana (cannabis). In other cases, the defendant is charged with the crime based on constructive possession of marijuana.

Jacksonville constructive possession occurs when a defendant has the ability to exercise dominion and control over the marijuana. The Florida Supreme Court recently heard a case, Petion v. State. In Petion v. State, the defendant was in a vehicle with three other males in it. After searching the vehicle, police officers found marijuana.  The defendant was charged with possession of the marijuana.  The Court ruled that the State must prove that the defendant had knowledge of the marijuana and dominion and control over it to establish constructive possession.  The evidence must rule out that the marijuana belong to another passenger in the vehicle.  Because the State could not prove this, Petion should not have been convicted of the crime. 

Like many Jacksonville Criminal Defense Attorneys, I began my career working at the Duval County Office of the Public Defender in Jacksonville, Florida. I began working as a misdemeanor attorney and was later promoted as a felony attorney. One of my mentors at the office explained to me that the cases in my felony division would not be that different. She told me, “trafficking is the same as possession, but the defendant is just possessing a lot more of the drug.” While this is true, there is a big difference: the sentence involved.

For example, in a Jacksonville Trafficking in Cocaine case, a defendant is looking at a minimum mandatory sentence in Florida State Prison which will depend on the amount of cocaine possessed. It can range anywhere from 3 years to life in prison (See Trafficking Sentences).

If you are facing Possession of Cocaine or Trafficking in Cocaine charges in Jacksonville, Florida or the surrounding counties, contact a Jacksonville Possession of Cocaine Lawyer.

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