Drug Crimes

Police Cannot Seize and Forfeit Property Without Showing Owner’s Knowledge of Criminal Activity

Published on: October 3, 2008 | by Lasnetski Gihon Law

If Jacksonville police officers are investigating a drug crime or other felony and determine that a crime has occurred or is occurring, the Jacksonville police officers may seize money or other property that is being used in connection with that crime or is proceeds of the drug or other criminal activity. The law that allows the police to take, and try to keep, property from people that is connected to a crime is called the Florida Contraband Forfeiture Act. Basically, the Florida Contraband Forfeiture Act (FCFA) sets up procedures whereby police can seize and ultimately forfeit property that is used in connection with a drug or other felony crime.

In Jacksonville, this seizure and forfeiture of property in connection with a drug or other felony crime commonly occurs when an officer pulls over a suspect and finds drugs and cash in the vehicle. The police officer may then seize the cash and the vehicle as well as the drugs and claim that the cash and vehicle were used to facilitate a drug crime or were proceeds of a drug crime. The government then has to notify the owner(s) of the property seized that they intend to forfeit, or keep, that property. The owner(s) then has to actively make a claim for the property, and the case is litigated through the civil court system.

It is also common for the police to seize and attempt to forfeit property that is owned by someone who has no knowledge of any criminal activity. For instance, if in the example above, the vehicle belonged to a friend or relative who let the criminal suspect borrow his/her car and had no idea drugs would be transported in the vehicle, that owner would be what is called an innocent owner. The Florida forfeiture laws do not allow the police and the government to forfeit property from someone who had no knowledge of the drug or other criminal activity that is the basis of the forfeiture. In the past and in some states other than Florida, it was up to the innocent owner of the property to show that he/she did not know and had no reason to know that his/her property was used in connection with drug or other felony criminal activity. However, under the Florida forfeiture laws, the government has the burden of proving that it is more likely than not that the owner of the property they seek to forfeit did not, and had no reason to, know of the criminal activity. If the government cannot meet that burden, that property must be returned to the owner under the Florida forfeiture laws.

Jacksonville, Florida is a Significant Market and Distribution Point for Illegal Drugs

Published on: September 20, 2008 | by Lasnetski Gihon Law

Jacksonville, Florida is a major market for the distribution and transport of illegal drugs and drug operations, according to a recent report from the National Drug Intelligence Center. The report indicates that Jacksonville, Florida is the primary drug market in the North Florida region (which includes Duval, Nassau, Clay, St. Johns and other surrounding counties) and a significant stopping point for illegal drugs such as cocaine, heroin, marijuana, methamphetamine and ecstasy that are then transported to other major drug markets from Miami to Atlanta. Mexican and other Hispanic groups have large criminal drug operations that work in and through Jacksonville. Indoor cannabis (marijuana) plant operations have increased exponentially in the Jacksonville area. Seizures of indoor cannabis plants have increased by 277% in the Jacksonville/North Florida area from 2005 – 2007.

The report indicates that the biggest threat to the Jacksonville area is cocaine and crack distribution and abuse due to the prevalence of the drugs, the violence associated with them and the cocaine and crack related treatment needs. The report pessimistically indicates that demand for cocaine and crack, particularly, and heroin, marijuana, methamphetamine and ecstasy to a lesser extent, in the Jacksonville area is, and will remain, strong, and Mexican and other drug trafficking organizations will continue to meet the demand. The report also notes that violent crime in Jacksonville has increased. White the study did not directly correlate the abuse of cocaine, crack and other drugs to the increase in violent crime, it did suggest, as common sense would, a likely connection. With the increase in demand and supply of these drugs in the Jacksonville area, it is reasonable to suggest the increase in violent crime would continue as well.

Fifty-Six Florida Government Employees Arrested for Fraudulently Obtaining OxyContin

Published on: August 29, 2008 | by Lasnetski Gihon Law

Numerous arrests of government officials were made in Miami recently for allegedly obtaining the painkiller OxyContin from pharmacies with fraudulent prescriptions, according to an article on CNN.com. In addition to the Florida government officials, a doctor who was providing the unnecessary OxyContin prescriptions was also arrested. According to the article, about $400,000 worth of OxyContin pills were fraudulently obtained. The suspects are accused of using their health insurance information to obtain unnecessary OxyContin prescriptions from pharmacies with the help of a doctor who was involved in the scam and then selling the pills to people on the street. The article also indicates that some of the suspects sought reimbursement for the drugs from their insurance companies, which may have raised a red flag with the insurance companies and created a paper trail to help track down the suspects.

The abuse of prescription medications such as OxyContin, Vicodin, Percocet, Xanax and others has increased significantly over the last several years. With the increase in Internet pharmacies, many of which do not require a legitimate doctor’s prescription before they will sell prescription drugs, access to these drugs is much easier than ever before. Apparently, according to this article, illegally obtaining prescription drugs the more traditional way, i.e. by going to a pharmacy with fake or unnecessary prescriptions, is still occurring as well.

Numerous Drug Arrests in Flagler County, Florida

Published on: August 20, 2008 | by Lasnetski Gihon Law

More than 60 people were arrested for drug related crimes in Flagler County, Florida last week according to the Flagler County Sheriff’s Office. Apparently, the drug arrests were the result of a lengthy drug investigation involving the Flagler County Sheriff’s Office, the Florida Department of Law Enforcement and the Florida Attorney General’s Office. Law enforcement officials indicated that the alleged drug operation involved drug dealers in Miami, Orlando and the NE Florida area. The information released by the Flagler County police did not specify what drug or drugs were involved but indicated that more than $330,000 worth of drugs were seized by the police.

The investigation into drug dealing in Flagler County, Florida began over two years ago according to an article on www.news4jax.com, and the investigation is apparently ongoing so more arrests may be forthcoming

Prescription Drug Abuse Surpasses Illegal Drug Abuse in Florida

Published on: August 19, 2008 | by Lasnetski Gihon Law

Drug abuse from prescription drugs has become more of a problem in Florida than more commonly reported illegal drugs such as cocaine, crack, heroin, ecstasy, crystal meth and marijuana, according to an article from Reuters. According to the Florida Medical Examiners Commission, deaths from abuse or misuse of prescription drugs exceeded deaths from all illegal drugs combined in 2007. In the 45-54 age group, deaths from prescription drugs exceeded is the number one cause of accidental death, displacing auto accidents.

One reason for the increase in prescription drug abuse is the ease with which people are able to obtain prescription drugs such as Oxycontin, Vicodin, Percocet, Xanax and others over the Internet without a prescription from a legitimate doctor, an issue which has been discussed here previously. According to the article, medical treatment for abuse of painkillers increased by 321% from 1995 to 2005.

The article points out that perception makes a difference and is fueling this problem. For instance, a parent may be more concerned about a child using marijuana than a dangerous drug like Oxycontin due to the stigma associated with marijuana and the relative lack of knowledge of the effects of taking various dangerous prescription drugs.

Criminal Defense Lawyer Wants Police Officers to Prove They Can Smell Marijuana in Car

Published on: July 29, 2008 | by Lasnetski Gihon Law

During a drug investigation after a traffic stop in Jacksonville, Florida, it is not uncommon for a police officer to allege that he/she smells an odor or marijuana which is used as a basis for a search of a person and/or a vehicle. Or, what a Jacksonville police officer may do is briefly detain the suspect for a relatively short period of time while the officer calls for a drug dog. The police drug dog, or K9, has likely been trained to walk around the vehicle or the area where drugs are suspected to be present, detect the odor of marijuana (and/or other drugs like cocaine, heroine, crystal meth, etc.) and give certain signals to the K9 officer when the K9 believes the odor of drugs is present. The K9 officer is also trained to decipher a positive signal from the K9. At that point, the officer will likely proceed with a search of the area, or seek a search warrant, based on the alleged probable cause provided by the drug dog.

A criminal lawyer in a recent drug possession case is asking two police officers who arrested his client if they can detect the smell of marijuana in a car in a random test, according to an article on www.Jacksonville.com. Apparently, the two police officers stopped the defendant, who was driving with a tag light out, and claimed to have smelled an odor of marijuana coming from the vehicle. A subsequent search of the vehicle revealed 10 pounds of marijuana in trash bags in the trunk. The criminal defense lawyer is asking the two police officers to display their ability to smell marijuana by detecting marijuana in a random vehicle in the local courthouse parking lot.

From a criminal procedure standpoint in drug cases, this is a fairly unique request, but this random drug smelling test will likely never happen. The police officers are not required to verify their ability to smell marijuana in this manner. Likewise, drug dogs, who have a much higher sense of smell than humans, are not required to prove their smelling ability in post-arrest random tests of the criminal defense lawyer’s choosing, although they are required to prove their drug odor detection ability in order to become properly trained and certified drug dogs. However, the criminal defense lawyer can and should cross-examine the arresting police officers at trial to determine the officers’ qualifications and abilities in detecting marijuana and also whether there was a Constitutionally sufficient basis to stop the defendant and search his vehicle.

DEA Discusses Drug Issues in Jacksonville

Published on: July 27, 2008 | by Lasnetski Gihon Law

Florida is one of the more major areas for drug trafficking and also a stop along the drug trade that leads to drug trafficking centers in the Northeast United States and Canada, according to the United States Drug Enforcement Agency (DEA). Because Florida has such a long coastline, has several international airports and marine ports and is strategically located near other countries who make and/or export drugs such as cocaine, heroin, crystal methamphetamine and marijuana, Florida plays a central role in drug trafficking and distribution.

The following is drug trafficking and other drug-related information relative to Jacksonville from the DEA. According to an interim report in 2006 fro Florida Medical Examiners, Jacksonville has the highest reported number of cocaine-related deaths in the state that year. Major drug trafficking organzations dealing crack cocaine have appeared in a few cities in Florida, two of which are Jacksonville and Gainesville. Marijuana is grown throughout the state. Indoor marijuana growing operations have become more lucratie and more common. Canadian marijuana trafficking groups are import their marijuana to Jacksonville where distribution groups sell the Canadian marijuana throughout Northeast Florida.

The most readily availbale drug in Jacksonville and throughout Florida is MDMA, which is more commonly known as ecstacy.

Dangerous Drugs Sold Over the Intenet Without Prescriptions

Published on: July 22, 2008 | by Lasnetski Gihon Law

Federal law prohibits dispensing dangerous drugs without a prescription from a doctor who has a legitimate medical relationship with the patient. However, there are hundreds of Internet websites that offer prescription medications to anyone without the prescription, including dangerous and/or addictive drugs like Oxycontin, Vicodin, Methadone and Xanax.

A recent study located 365 websites that sell controlled medications over the Internet by mail. Most of them sell their drugs without requiring a prescription. Other websites offer to sell the required prescription after a person provides some basic information over the Internet. Officials believe that the ease with which people can get dangerous, and other, drugs over the Internet is increasing drug abuse, particularly among younger people such as college students. The study showed that 85% of all drug sales over the Internet involved controlled drugs versus 11% of drug sales from pharmacies. This statistic obviously suggests that people are taking advantage of the ease and anonymity of the Internet to obtain certain drugs they could not get by walking into a pharmacy.

Law enforcement officials have been trying to put a stop to the illegal sale of drugs over the Internet. While the recent study found 365 websites selling drugs over the Internet without requiring a prescription, a similar search last year found 581 such websites. However, many of these Internet sites are based outside of the country. (This, of course, raises an issue as to how safe it is to take a medication when it is unclear where it came from, who prepared it and who dispensed it.) Additionally, these websites can come and go and avoid detection much easier than a traditional business. Congress is currently considering a law entitled the Ryan Haight Online Pharmacy Consumer Protection Act which would require online pharmacies to be certified and also require a person to actually see a doctor prior to obtaining a prescription for a controlled medication. It is unclear how and to what extent those requirements will truly address the problem and how offenders would be caught.

Duval County, Florida Criminal Case Illustrates Different Levels of Police Encounters

Published on: May 17, 2008 | by Lasnetski Gihon Law

Criminal defense lawyers often file what are called Motions to Suppress to try and keep out evidence that the prosecution is attempting to use against a defendant in a criminal case when the criminal defense attorney believes the police were not justified in stopping the defendant and/or seizing the evidence. The Fourth Amendment protects people from unreasonable searches and seizures and can be used to prevent the prosecution from using evidence against a defendant in a criminal case if the court finds that a search or seizure was unlawful.

A recent criminal case out of Jacksonville, (Duval County) Florida does a good job of explaining the difference among the three categories of encounters with police. The first level of police encounter is a consensual encounter that involves minimal police contact and where the other person is free to comply with police or leave the encounter at any time. The second level of police encounter is often referred to as an investigatory stop where a police officer can detain a person temporarily if the police officer has a reasonable suspicion that the person has committed, is committing or is about to commit a crime. The police officer must be able to point to specific facts that are the basis for this reasonable suspicion of criminal activity. The third level of police encounter is an actual arrest where the person is detained and removed from the scene. This level of police encounter requires the higher standard of probable cause that a person has committed, is committing or is about to commit a crime.

In the recent case, the Jacksonville Sheriff’s Office (JSO) officers were called to investigate a burglary of a vehicle. When the Jacksonville Sheriff’s Office officers arrived, one of them heard a possible witness say the suspect was a white male who ran into the woods. No other description was given. The Jacksonville Sheriff’s Office officers searched the woods and found a CD player that may have been taken in the burglary and then some distance away found the defendant lying on the ground. The defendant was handcuffed, placed in a patrol car and driven back to the scene of the crime where he was identified by a witness.

Jacksonville, Florida Women Charged with Crime of Prescription Fraud

Published on: May 10, 2008 | by Lasnetski Gihon Law

Three Jacksonville, Duval County, Florida women were recently arrested for the crime of prescription fraud according to www.Firstcoastnews.com. The three Jacksonville women are alleged to have obtained popular prescription drugs such as Oxycontin, Hydrocodone and Xanax worth over $50,000 illegally. According to a Jacksonville Sheriff’s Office report, the women allegedly used the insurance information of others and forged doctors’ prescriptions to obtain the drugs from CVS Pharmacy. Due to the large quantity of the prescription drugs, Jacksonville Sheriff’s Office officials believed that the prescription drugs were obtained for resale, rather than use.

As discussed previously on this Jacksonville Criminal Lawyer Blog, abuse of prescription drugs is becoming increasingly popular along with corresponding arrests for the crimes of prescription fraud and possession of illegal prescription drugs. This dangerous trend has become particularly more popular among kids.

Illegal use of prescription drugs, such as Oxycontin, in Florida has had serious effects. According to the Florida Department of Law Enforcement , through the first half of 2007, the drugs that caused the most deaths to Florida residents were prescription drugs. The Florida death toll from prescription drugs has risen since 2001. However, Florida is one of fifteen states that does not have a system in place to try to track the disbursement of prescription drugs. In addition to what was alleged in this Jacksonville, Florida case, one common way people obtain large quantities of illegal prescription drugs is by what is referred to as “doctor shopping.” This involves taking a prescription to various doctors who are not aware that the person already obtained the prescription drug previously from a separate doctor. Many states have a system in place to monitor when a person submits a prescription and obtains the drugs, but Florida currently does not.