In Florida, and other states based on certain United States Supreme Court cases,, the police used to have broad authority to search a person’s property after an arrest. The police used to be able to search the person, a nearby vehicle, possibly the person’s residence and any items reasonably close…
As many people know, the federal government classifies certain drugs according to a schedule. In fact, the Drug Enforcement Agency is permitted by statute to make the rules which determine in which class a particular drug belongs. Criminal statutes and penalties are enacted based on those classifications. Schedule I…
In Florida, the police are generally not allowed to enter a person’s home to search or investigate a crime without permission from the homeowner or a valid search warrant. In some cases, the police cannot even go onto your property to search or investigate if the property is properly fenced…
In a recent DUI case in Massachusetts, the state sought to prove that the defendant was impaired from marijuana while driving, thereby rendering him guilty of driving under the influence under that state’s DUI laws. At the trial, the prosecutor had the arresting police officer testify that based on his…
The War on Drugs may be the most counter-productive, fiscally wasteful policy in the history of humankind. Yet, it forges ahead, as it does little to effect any change other than to redirect taxpayer money away from beneficial programs and increase the size of government. With regard to marijuana, it…
Pursuant to both the United States and the Florida Constitutions, people have a right to privacy in their homes. This means that the police normally cannot come into a person’s home and search for drugs or other evidence of criminal activity without a valid search warrant or consent from someone…
In Florida, where marijuana remains illegal for now, the odor of marijuana is a fairly common basis that police use to further investigate or search a suspect. It is also a basis that is often used to conduct a DUI investigation and make DUI arrests. The odor of marijuana obviously…
More and more states are legalizing marijuana for medicinal purposes. Of course, some states are also legalizing marijuana for recreational purposes. It seems likely that marijuana will eventually become legal recreationally and medicinally everywhere, but it is going to be a long process. In the meantime, people with medical problems…
In Florida, many criminal cases involving drugs and guns result from traffic stops. A police officer will conduct a traffic stop and become suspicious or allegedly discover evidence of illegal activity and search the vehicle. A search of the vehicle can be based on consent, which the driver or occupant…
As readers of this blog know, we have written extensively on issues relating to marijuana and the legalization of marijuana. It is a particularly relevant topic these days as more states legalize marijuana either recreationally, or as Florida did in the 2016 election, for medicinal purposes. It is our belief…