Jacksonville Criminal Lawyer Blog

Clay County (Orange Park), Florida Police Arrest Two For Suspected Marijuana Operation

Published on: March 5, 2009 | by Lasnetski Gihon Law

Police in Orange Park, Clay County, Florida raided a house pursuant to a suspected illegal marijuana growing operation, according to an article on News4Jax.com. According to the article, the Clay County police officers seized numerous marijuana plants and observed marijuana growing equipment such as lights and ventilation equipment in the house. Charges have not been filed at this early stage, but it is likely that felony marijuana charges will result from the search and arrests.

The article on the Jacksonville, Florida paper’s website indicates that the police discovered the house based on “intelligence.” One issue that is sure to arise in the following criminal case is what specific facts the Clay County police had to justify a search warrant for the house and the subsequent search and seizure of the marijuana plants and other evidence. At a motion to suppress evidence in the criminal case, the Clay County police will have to show that they had a legitimate factual basis to obtain a search warrant and search the house. This is just one of the several issues that arise in a drug case involving search warrants and the seizure of evidence from someone’s home.

If you have any questions about your Fourth Amendment rights to be free from unreasonable searches and seizures or a police officer’s right to search you, your vehicle, your home or any other belonging, feel free to contact us for a free consultation about the laws related to drug cases and illegal searches and seizures.

Federal Government Will No Longer Raid Medical Marijuana Establishments

Published on: March 3, 2009 | by Lasnetski Gihon Law

The new U.S. Attorney General in President Obama’s administration stated that the federal government has changed its policy and will not raid medical marijuana establishments in states where selling marijuana for medicinal purposes is legal. Medical marijuana is legal in thirteen states. Florida is not one of them, and none of those states are in the South.

One might ask how law enforcement officials can legally raid a medical marijuana facility if the state has made it legal to sell marijuana with a doctor’s prescription. The reason is that the particular state’s law may say it is legal but federal law may say it is not. As a result, under the Bush administration, federal Drug Enforcement Agency agents and other federal law enforcement officials were directed to raid medical marijuana locations pursuant to federal drug laws despite the contrary state marijuana laws.

However, under Obama, that is expected to change. This should not directly affect residents of Jacksonville or other cities in Florida (unless and until Florida legalizes marijuana for medicinal purposes), but it does clearly indicate a shift in the priorities of the current federal government away from targeting and prosecuting marijuana users, at least in the states where medical marijuana is legal.

Can Legalizing Marijuana Help Florida’s Struggling Economy?

Published on: February 28, 2009 | by Lasnetski Gihon Law

At a time when the Florida and U.S. economies and credit markets are in a downward spiral, people and governments often have to innovate to recover. The idea of legalizing marijuana should not be considered groundbreaking, progressive thinking in 2009, but it is far from accepted as appropriate and far from a reality. However, in California, a lawmaker has proposed a bill that would legalize marijuana in that state.

The proposed law legalizing marijuana would create a system that would tax and regulate marijuana production, distribution and sales. The state would license producers and sellers who could sell marijuana to individuals over 21 years of age. The law would also allow adults to grow up to ten marijuana plants for personal use only.

This proposal is gaining traction in California partly because of the severe budgetary crisis in that state. It is estimated that the regulation and taxation of marijuana in California would bring $1.3 billion in revenues each year. Marijuana is the largest cash crop in California, and the state government is not making any money from it. There would be a corresponding savings associated with the end of the failed and expensive war on marijuana along with the reduction in inmates who are in jail on petty marijuana charges.

Georgia and Federal Agents Raid Doctor’s Office in St. Simon’s Island, Georgia

Published on: February 26, 2009 | by Lasnetski Gihon Law

On Wednesday of this week, Georgia and federal law enforcement officials searched the offices of Dr. William Nelson pursuant to a joint investigation involving Drug Enforcement Agency agents and Glynn County and City of Brunswick, Georgia local police (St. Simon’s Island, Georgia is just over an hour north of Jacksonville, Florida). The law enforcement officers were executing a federal search warrant and seized boxes of documents from Dr. William Nelson’s family and emergency medical practice.

According to the article on Jacksonville.com, Dr. Nelson is a board certified doctor in emergency medicine, but his medical license had been suspended due to alleged issues with his child support obligations. It is unclear at this time what evidence the law enforcement officials were looking for, however the article does make reference to prescriptions for patients for drugs such as Oxycontin, Xanax, Percocet, Valium, Methadone and Hydrocodone.

You Can Be Guilty of Burglary of a House Without Actually Going Into the House

Published on: February 24, 2009 | by Lasnetski Gihon Law

The Florida crime of burglary of a dwelling or structure is committed when a person enters (or remains) in the dwelling or structure of another with the intent to commit a crime in that dwelling or structure. A common manner in which the crime of burglary is committed in Florida is when a person breaks into a house intending to steal something from that house. The crime seems to require that a person actually enters the house or other structure. However, that is not necessarily the case. If the person crawls under a house to steal something (such as copper wiring) or goes onto the roof to steal something, that is considered “entering” the dwelling or structure and also subjects that person to an arrest and prosecution for burglary. The word “enters” in the burglary criminal law refers to an invisible, vertical plane that surrounds a house. If a person breaks that plane with the intent to commit a crime, even if he never literally enters the house or structure, it is considered a burglary in Florida.

University of Florida Computer System Breached

Published on: February 22, 2009 | by Lasnetski Gihon Law

A hacker gained access to the computer network at the University of Florida which contains the personal information of approximately 97,000 people, according to an article on News4Jax.com. The University of Florida initiated an investigation after the data breach was discovered, but it was not clear if the personal information was successfully accessed.

Due to the proliferation of computers, the Internet and computer networks, companies have increasingly stored the personal and financial information of clients and employees on their computer networks. As a result, hackers and thieves have increased their efforts to obtain this information that is often easily accessed and unencrypted on company networks. Florida law requires companies that have had their networks compromised to follow certain procedures or face severe financial penalties and bad publicity that could severely damage the company. At a minimum, if a company experiences a data breach of its network and personal information is materially compromised, the company should conduct a thorough investigation to determine if harm has, or likely will, come to those whose information may have been accessed. Records of this investigation and the results must be kept for five years.

Depending on the results of the investigation and the extent of the data breach, Florida law may require the company to do more, including notifying all of the individuals whose information was compromised. If you suspect your company’s network has been breached and personal information has been compromised, visit our website or contact us for more information about what Florida law requires your company to do.

An Example of an Illegal Search of a Person for Drugs

Published on: February 19, 2009 | by Lasnetski Gihon Law

The following situation occurred south of Jacksonville, Florida and involved an illegal search of a person for drugs. The person was the passenger of a vehicle that was stopped due to an inoperable taillight. The police officer suspected that the occupants of the vehicle may have had drugs or stashed drugs in the vehicle because of what the officer described as suspicious movement made by the occupants after being stopped by the police officer. The police officer had a drug dog who walked around the vehicle. The drug dog did not alert to the odor of illegal drugs. The police officer then asked for consent to search the driver. The driver agreed. While the police officer was searching the driver, a second police officer arrived and told the passenger that he was going to be searched and asked him he he had anything on him. The passenger reached into his pocket and gave the second police officer a pill bottle with some marijuana and illegal prescription drugs. He was then arrested for drug possession.

Is this a valid search and seizure of drugs from the passenger? No. First, the police officer did not have a reasonable basis to search the passenger so the State could not argue that they would have located the drugs anyway pursuant to a legal search. Additionally, when the passenger gave the police officer the drugs, that was not voluntary because he was submitting to police authority after the police officer told the passenger he would be searched anyway. The important points are that a police officer can always ask a person if the officer can search him or her. The person can always refuse. If a person voluntarily consents to a search or gives a police officer drugs or other evidence of a crime, that evidence will likely be used against that person to effect an arrest and in court. However, if a person succumbs to police authority, as in this case, his/her actions may not be voluntary and any evidence that is discovered may be suppressed.

New Policies and Priorities Coming Regarding Federal Drug Crimes

Published on: February 17, 2009 | by Lasnetski Gihon Law

With the new administration, the federal government will shift its focus regarding federal drug crimes. It appears that the Obama administration will focus more on rehabilitation and be less stringent with nonviolent first-time federal drug offenders than the prior Bush administration.

Some of the highlights of the Obama administration’s policies on federal drug crimes include:

– increased efforts to end racial profiling by law enforcement who are investigating drug crimes;

Florida Among 20 States Proposing to Prohibit Driving While Talking on a Handheld Cell Phone

Published on: February 14, 2009 | by Lasnetski Gihon Law

Florida is one of twenty states that has proposed legislation that would make it illegal to drive while talking on a handheld cell phone. Florida legislators cite evidence and articles suggesting that when a driver is talking on his/her cell phone, it can be as distracting and dangerous as a person driving while impaired by alcohol or drugs. There are currently five states that have enacted a law banning handheld cell phone use while driving. Other states are also considering derivations of this law to ban driving while using a text message device and/or a hands free cell phone device.

Federal Law Enforcement Authorities and Prosecutors Are Focusing on Corporate Fraud and Mortgage Fraud Crimes

Published on: February 11, 2009 | by Lasnetski Gihon Law

I saw another article today commenting that the FBI and federal prosecutors are increasingly focusing on corporate fraud and mortgage fraud crimes, which are commonly referred to as white collar crimes. This is a reaction to the difficult economic times in general, and specifically, the alarming number of foreclosures, bankruptcies and investors who have lost money they thought was safely invested. According to the article, the FBI has indicated that they currently have 538 active corporate fraud investigations and more than 1,800 active mortgage fraud investigations. Clearly, the focus of the FBI and federal prosecutors has shifted away from immigration-related issues (which was popular after 9/11) and moved towards white collar crime related to the current economic turmoil.

As criminal defense attorneys who handle state and federal criminal cases including white collar cases, we try to monitor the direction and focus of state and federal prosecutors in the Jacksonville, Florida area and throughout Florida. We think this is an important part of advising and representing clients. Contrary to what some people might assume, police, the FBI and other law enforcement authorities are influenced by current events, the media and trends and shift their focus and resources accordingly. As a result, it is instructive for criminal defense lawyers to follow the same trends and corresponding reports of active criminal investigations an cases to determine upon which companies, individuals and issues the federal government is focusing now and will be in the future.