Florida Drug Cases: When Inventory Searches Violate Your Rights

If you’re facing drug trafficking charges in Florida, the circumstances surrounding your arrest may matter more than you might think. Law enforcement officers must follow strict legal guidelines when searching and seizing evidence. Still, sometimes, officers push the limits, especially during traffic stops and vehicle impoundments. Many people assume that if drugs are found in their car, there’s nothing they can do, although this is not always the case. If the search that led to the discovery of the drugs was unlawful, any evidence collected can be thrown out in court.

Case Example: Ross v. State

In Ross v. State, a Florida court reviewed a situation where a supposed inventory search led to drug charges. In March 2018, a Charlotte County deputy noticed that the license plate on a Pontiac Sunbird was invalid. The deputy conducted a traffic stop, which was completely lawful. Ross, the driver, drove his vehicle into a nearby parking lot, where the deputy followed him. When he was informed why he had been pulled over, Ross admitted that his license was invalid, leading to his immediate arrest for driving with a suspended license. He locked his vehicle, and when the deputy asked if he could search the vehicle, Ross declined his request. Nevertheless, the sheriff’s department decided to impound the car and conduct an inventory search. During that search, they found drugs, which resulted in multiple felony charges, including possession of cocaine with intent to sell or deliver.

Under Florida law, possession with intent to sell or deliver is a serious felony that carries a prison sentence of up to fifteen years. Rosso’s legal team quickly pointed out a significant issue: the police had no legal basis to impound his car in the first place. And if the impoundment itself was illegal, then any evidence obtained from searching the car was also inadmissible in court. Inventory searches are allowed in Florida, but only under specific conditions. Law enforcement cannot simply impound and search a vehicle without a valid reason.

In this case, the car was parked in a public lot, where people frequently left their vehicles overnight. There was no immediate risk of theft or vandalism, meaning there was no legitimate justification for impounding the Pontiac. The prosecution failed to provide evidence suggesting the lot was a high-crime area and could not prove that the deputy followed any standard protocol. Even more damning was the deputy’s own admission that he planned to call a tow truck for Rosso’s vehicle “no matter what.” This statement alone suggested that the impoundment was subjective and not based on a lawful, standardized procedure.

The court ruled that the impoundment was an unreasonable warrantless seizure, making the search illegal and the drug evidence inadmissible. Without that evidence, the prosecution had no case, and the charges were dropped.

Cases like this happen more often than you think, where many drug arrests begin with a simple traffic stop, leading to searches that aren’t legally justified. If you or someone you know is facing drug charges after a vehicle search, it’s crucial to challenge the legality of that search. An experienced criminal defense attorney can determine whether law enforcement followed the rules or violated your rights.

Call an Orlando Drug Trafficking Lawyer Today

If you are facing drug trafficking charges in Florida, don’t assume the case against you is airtight.  Contact our experienced Orlando drug trafficking lawyer at Joshi Law Firm, PA, as soon as possible to evaluate your case and get the best possible defense.

Source:

casetext.com/case/ross-v-state-2160