Articles Posted in Drug Crime

Many criminal drug cases come down to search and seizure issues concerning how law enforcement gains evidence of the alleged crime. Generally, police officers need a warrant from a judge in order to search your home or other property. There are several exceptions to this rule, but even cases in which a search warrant has been issued can raise tricky legal issues. A recent case out of the U.S. District Court for the Middle District of Florida is a good example of how cops can establish probable cause to get a warrant in drug cases.

marijuana plantsTwo defendants were charged with conspiracy to distribute a controlled substance, stemming from their alleged roles in an Orlando marijuana trafficking operation. Much of the evidence against the pair came from a series of property searches and surveillance operations conducted after Drug Enforcement Agency investigators obtained warrants from a federal judge. The defendants at trial later moved to block prosecutors from entering into the record any evidence obtained during the searches and surveillance operations. They argued that the investigators misled the judge by providing incomplete information on their warrant requests and that those requests didn’t establish the probable cause needed to justify the warrants.

The first warrant, which the DEA agents used to search a self-storage facility in Orlando, was based on information gained from a confidential source and from two undercover officers. The confidential source told agents that a South African drug dealer had been selling 200 pounds of marijuana a month to Dominican buyers in Orlando. He said the dealer had asked the source to contact the Dominicans about some $250,000 still owed for the drugs and to try to re-establish the relationship. The confidential source and two undercover agents met with Cassara and Almeida four times. They agreed to facilitate a marijuana sale to the Dominicans, according to the court. One defendant said he would load 25 pounds of marijuana in a truck and leave it for the Dominicans to pick up in exchange for leaving cash in the truck.

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Car at NightAs with many crimes, Florida drug possession can be prosecuted in a variety of different ways. It’s clear that if a person is arrested with contraband on his or her person, that might be used as evidence to prove the crime. However, what happens when the drug is present in an area where you are present, but it’s not actually on your person? It’s still possible for the State to seek a conviction under those circumstances based on what is known as “constructive possession.” A November 15, 2017 case, decided by the Florida Fourth District Court of Appeals, reversed the acquittal of the criminal defendant after the appeals court ruled that there was enough evidence to uphold the jury’s finding of possession of cocaine.

The defendant’s car was stopped after he was spotted parked in front of a house where a man walked up to the passenger side of the car, stayed for a few minutes, and then left. The police searched the defendant’s car and found a small rock of crack cocaine on the sliding track under the driver’s seat. There was no evidence at trial that the defendant owned the car or that anyone else drove or rode in the car regularly.

The jury returned a verdict of guilty; however, the judge overruled the jury and acquitted the defendant because of a lack of evidence. The State appealed the judge’s decision.

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