In Florida, it is fairly common for the police to make an arrest when they find a person with pills but without a prescription. This is one of the ugly side effects of the disastrous war on drugs- drug arrests are easy, they are good for stats and police often…
Articles Posted in Drug Crimes
Florida Prescription Drug Case Reversed Where State Uses Database to Show Defendant Had No Prescription
In the Jacksonville, Florida area, we see a lot of drug cases involving defendants who are arrested for having prescription drugs without the prescription. The drug laws in Florida are very harsh, and prescription drug cases can come with serious penalties, sometimes with lengthy minimum mandatory prison sentences. When a…
Can an Unauthorized Driver of a Rental Car Challenge an Illegal Serch in Florida
In Florida, the police are generally not allowed to search a suspect’s vehicle unless the driver or owner gives consent to search, the police have probable cause to believe there is evidence of criminal activity inside or there is an arrest of an occupant of the vehicle and there is…
Can Police in Florida Come Up to Your House and Knock if You Have a Closed Gate?
In Florida, the police generally need a search warrant to enter your home and search for illegal drugs or other evidence of criminal activity. When they do not have a search warrant, they can still try and gain legal access to your home by walking up to your door, knocking,…
Knock and Announce Search Warrant in Florida Requires Police to Allow Occupant Time to Open Door, But Not Much Time
In Florida, there is such a thing called a knock and announce search warrant. If the police have sufficient evidence to believe there are drugs or other evidence of criminal activity in a residence, the police can obtain a search warrant that allows them to search the premises. That does…
State Can Charge Conspiracy to Traffic in Drugs Based on Phone Conversations in Florida
In Florida, trafficking in cocaine or another drug normally means a person is caught possessing a large quantity of drugs or distributing a large quantity of drugs. How much drugs needs to be possessed or distributed to qualify for a trafficking charge depends on the type of drug. For pills…
Federal Government to Propose Lighter Sentences for Non-Violent Drug Offenders
It is not always clear when a criminal case will be handled by the federal government, i.e. the United States Attorney’s Office, or the state or local government, i.e. the state attorney’s office here in Florida. For drug cases, the federal government typically likes to handle the bigger cases, and…
Federal Sentencing Reform Bill Going Through Congress
In order to address federal prison overcrowding issues, among other issues, the Senate is working on a bill that would reduce the federal prison population and also address racial disparities among federal inmates. The law would be called the Smarter Sentencing Act. Notwithstanding the obvious pessimism regarding anything considered “Smarter”…
Police Could Not Stop Suspect For Drugs Based on Alleged Hand to Hand Transaction in Florida
When the police approach someone and stop him/her to ask questions about a crime, it is typically considered a detention in Florida. The police are not allowed to detain someone for investigation without consent or specific evidence that the person is involved in criminal activity. It is very common for…
Marijuana Case Gets Thrown Out After State Loses Important GPS Evidence
In a possession of marijuana with intent to distribute case west of Jacksonville, Florida, the police suspected that the defendant was selling drugs. During their investigation, they placed a GPS device on his vehicle without obtaining a search warrant. Later, the police learned that a package containing marijuana was being…