In a recent criminal case south of Jacksonville, Florida, the police were investigating a location from which prescription drugs like Hydrocodone and Oxycodone were being dispensed pursuant to internet orders with the involvement of a pharmacist. Police observed a warehouse and saw some employees loading packages into vehicles that were…
Articles Posted in Drug Crimes
An Example of Insufficient Evidence to Prove Constructive Possession of Marijuana in Florida
In Florida, the state can prove possession in one of two ways. The most obvious involves actual possession. For instance, marijuana found in a person’s hand or pocket would constitute actual possession of marijuana. However, even when a person is not in actual possession of drugs, the state can still…
Police Trespass on Property to Investigate Marijuana Growing Case
In a recent case south of Jacksonville, Florida, the police went well beyond what is permissible under Constitutional search and seizure law and trespassed upon a person’s property in order to investigate a complaint relating to growing marijuana. In this case, the police received an anonymous tip that the suspect…
Florida Drug Case Thrown Out After Police Enter Backyard Without a Search Warrant
In Florida, the Constitutional protection against illegal searches and seizures by police is strongest when it involves a person’s privacy interest in his/her residence. Normally, a police officer cannot search a person’s house, apartment or other residence without a valid search warrant or consent to search by a person authorized…
When Police in Florida Have a Search Warrant for Your House, What Else Can They Search?
In Florida, in order for the police to have a right to search a person’s house, they normally will need a valid search warrant signed by a judge. Police typically obtain a search warrant for a person’s house after conducting surveillance and observing drug related activity at the house or…
In Florida, the Police Can Get Quick and Easy Access to Your Pharmacy Records
In recent years in Florida, as prescription drug use has significantly increased, police have been investigating how and where people are obtaining narcotic pills without a prescription. One crime that police focus on is doctor shopping. In Florida, the crime of doctor shopping is committed when a person sees different…
States May Be Rethinking Medical Marijuana Laws After Warning From Federal Government
As you may know, there are more than one set of criminal laws that govern people in this country. The criminal laws most people are familiar with are the state criminal laws that are promulgated by each state’s legislature. State police, prosecutors and court systems handle the majority of crimes…
Can the Police Search a Person’s Cell Phone After an Arrest Without a Search Warrant
In Florida, the general rule for searches and seizures is that the police cannot search a person, a vehicle, a home or other private property without a valid search warrant. Of course, there are exceptions to this general rule which allow the police to search a person or his/her property…
Laws to Require Tracking of Pseudoephedrine Cold Pills Does Not Reduce Methamphetamine Production
People familiar with the drug methamphetamine and its production know that it can be made using many products that can be found at your typical household. One of the key ingredients of methamphetamine is pseudoephedrine, which is found in many cold pills such as Sudafed. Once police realized that these…
Police Need Probable Cause for Drug Dog Sniff Test of a Residence
The Florida Supreme Court recently decided a marijuana case that discussed the search and seizure issues involved with the police walking a drug dog around the outside of a person’s home to smell for marijuana or other drugs. The police and the state argued that walking a drug dog around…