Category Archives: Drug Crime
Can Florida Police Officers Seize Possible Evidence in “Plain View”?
Even when the police lawfully stop and detain you, officers usually still need a warrant to search your personal effects without your consent. There is an exception, however, for anything that is considered in “plain view” of the officer. This exception has three requirements: The officer must be in a place where they have… Read More »
Do All Members of a Drug Conspiracy Need to Be Sentenced the Same?
It is fairly common for state and federal prosecutors in Florida to charge multiple individuals with conspiracy to distribute illegal drugs. A conspiracy charge allows you to hold each individual co-conspirator criminally responsible without necessarily having to show what each participant did to advance the underlying crime. At the same time, sentencing judges retain… Read More »
What Is the “Safety Valve” in a Florida Drug Trafficking Case?
Federal law requires judges to impose mandatory minimum sentences for a number of criminal offenses. There is an exception, however, often known as the “safety valve.” The safety valve permits a judge to impose a below-minimum sentence–even over the government’s objections–in certain drug trafficking and unlawful drug possession cases. Not every defendant is entitled… Read More »
Can the Police Search Your Property After You “Abandon” It?
It is a basic principle of constitutional law that in most cases, the police may not search a person’s property without either the owner’s consent or obtaining a valid search warrant. One exception to this rule is for “abandoned property.” In simple terms, if you voluntarily abandon property, there is no longer a “reasonable… Read More »
Can the Government Prosecute You for Having Drugs in Another Country’s Waters?
There is a common misconception that if you are on a boat in “international waters,” you are essentially free to do whatever you want without fear of criminal prosecution. That is not true. Under the United States Constitution, Congress has the authority to define and punish felonies that occur on the “high seas,” which… Read More »
Can the Government Use a “Substitute” Expert Witness?
The Constitution guarantees every criminal defendant the right to “confront” the witnesses against him at trial. In simple terms, this means the defendant–or more commonly, their attorney–can cross-examine the prosecution’s witnesses. Put another way, the prosecution cannot use the testimony of people who are not in the courtroom to convict the defendant. There is… Read More »
Do COVID-Related Delays in Arresting a Defendant Violate Speedy Trial Rights?
The Sixth Amendment to the United States Constitution guarantees every criminal defendant the right to a “speedy trial.” The difficulty is that the Sixth Amendment itself never defines “speedy.” Over the years, Congress and the federal courts have developed certain laws and tests to help define the right to a speedy trial more precisely…. Read More »
When Can Florida Police Make a Misdemeanor Arrest Without a Warrant?
Under Florida law, a police officer can arrest a suspect if that suspect committed a felony or misdemeanor in the officer’s presence. In other words, if an officer sees you committing what appears to be a crime, they do not have to get a warrant before placing you under arrest. Nor does the officer… Read More »
Does the State Have to Prove the Origin of “Synthetic” Marijuana?
One of the cardinal rules of the Florida criminal justice system is that a prosecutor must prove each element of a charged offense “beyond a reasonable doubt.” Put another way, it is not enough for the state to prove the defendant’s actions might have violated the letter of the law. It must be clear… Read More »
Can a Police Officer Detain You Based on the “Smell” of Marijuana?
Outside of certain state-approved medical uses, it is illegal to possess marijuana in Florida. Simple possession of 20 grams or less of marijuana is a misdemeanor punishable by up to 1 year in jail and a fine of $1,000. You can even be charged with possessing “drug paraphernalia” related to the cultivation or use… Read More »
