Internal Reference # 1003
Drug CrimeFacts: Officer S responded to location for a verbal disturbance involving a white female. Contact was made with the defendant and his girlfriend. At listed apartment. Upon the defendant opening the door, a strong odor of burnt marijuana emanating from inside the apartment was noted. Small flakes of Marijuana were observed on the living room table. A Ziploc bag containing field test positive marijuana was in plain view. Post Miranda, which the defendant p waived, admitted to buying and smoking said marijuana. Both Defendants were charged with possession of marijuana under 20 grams and issued notices to appear.
During discovery, Mr. Foley acquired documentation indicating that the Officer had been fired from his previous police department for falsify police reports but still managed to obtain a job with a new police department. Based on statements that the arresting officer made during the deposition, a Motion to Suppress was filed. During the course of the Motion to Suppress the question regarding previous employment was discussed during cross examination and led to further discovery that the police officer currently had a internal affairs complaint against him in his new position for falsifying police reports and the individual who had filed the internal affairs complaint was the Chief of Police.
During the Motion to Suppress, a sergeant who was at the scene was also cross examined and under oath, he indicated that he did not see the marijuana from the doorway nor did he smell a strong odor of marijuana coming from the doorway. Furniture was also rearranged in the courtroom to reenact was the arresting officer said in his report and for the third time it was proved that he was falsifying a police report to secure an arrest. Motion to Suppress was granted.
Result: Defendant was charged with 1 count of possession of cannabis/ 20 grams or less. The victory in this case was Nolle Prosequi(dismissed).
Internal Reference #1013
Drug CrimesFacts: On 12/17, Officer F responded to an address for a suspicious vehicle. The police department received a phone call that advised there was a black female sitting on the hood of a gray vehicle and was looking into other vehicles. Officer M made contact with a white male, the defendant and a black female who were sitting inside a gray vehicle. The defendant advised that he did not live in the area and that he and the female were doing math homework. The female advised that she lived in the complex. Officer M received consent to search the vehicle from the defendant. A search of the vehicle revealed a brown prescription bottle, with several pills inside. The bottle had a label prescribed to the defendant for 30MG oxycodone found in the pocket on the rear of the passenger seat.
Poison control identified 4 Oxycodone pills matching the description on the prescription bottle, 3 rectangle yellow pills identified as 2mg Alprazolam, 1 round green pill, 15mg Oxycontin, .5 round white pill that could not be identified inside of the pill bottle. There was also a white straw with unidentified residue.
Post Miranda, the defendant stated that he likes to carry all the pills in the same bottle. He further advised when he went to use the restroom earlier in the night, the female must have taken some of his pills.
The defendant was taken into custody and transported to the police department for booking. He was later transported for further processing.
The defendant was arrested and charged with Possession of Alprazolam (893.13-6A-4A), Possession of Oxycodone (893.13-6A(2A10), Possession of Paraphernalia (893.147-1)
Results: Mr. Foley was able to prove that the defendant had a prescription for all of the medications. The case was dismissed. No jail, no prison, and no conviction.
Internal Reference #1019
Facts: Upon arriving at the location (defendant standing to the front of the deputy’s vehicle), Deputy H made contact with sergeant R who advised that he observed the defendant driving his vehicle northbound on Andrews avenue enter the intersection in the right turn lane driving straight thru the intersection without making the right turn. A traffic stop was made by the deputy (deputy operating an authorized law enforcement patrol vehicle with agency insignia and other jurisdictional marking with overhead blue emergency lights activated) and the suspected increased his speed and made a right turn onto SW 2 place and drove eastbound stopping when he came to a dead end.
Upon making contact with the defendant, Deputy H observed balance problems, glassy eyes, (did not get close enough to smell anything) and asked the defendant how much he had to drink and the defendant stated 2 White Russians. Deputy H felt that the suspect was DUI and requested a DUITF unit to respond. Deputy H’s observations: Odor of an alcoholic beverage on the suspects breath, observed bloodshot, glassy eyes, flushed face, slurred speech, pupils of eyes very dilated.
Deputy H made contact with the defendant and advised the defendant that he was conducting a DUI investigation and requested the defendant to submit to a roadside sobriety exercise which the defendant agreed to perform (After warning issued) as follows (Asphalt roadway, black line in pavement used)
HGN: drank 2 fruity drinks 12:30 AM-1AM
Lack of smooth pursuit
Distinct jerking max deviation
Onset prior to 45-degrees/vertical nystagmus present
Walk and Turn: 9/9
Not heel to toe f3, b5, 7,9 (1-2 inch gaps)
Improper Turn JTA
Intermittent use of arms for balance
When finished spun around and lost balance to the right
Finger to nose: Refused to continue
The defendant was advised that he was under arrest for DUI, and was taken into custody, and was asked to take a breath test and a urine test, which the defendant refused to answer. Deputy H issued the implied consent and the suspect refused to answer again. The defendant was transported to the BAT facility where Deputy H asked the defendant if he would take the breath test and a urine test and the defendant again refused to answer.
After the arrest, Deputy H conducted an inventory of the defendant’s vehicle and found a plastic bag of loose marijuana (Field test positive at the BAT facility) and a glass marijuana-smoking pipe on the ground under the defendants vehicle drivers side door.
The marijuana and pipe were placed into inventory and transported to the lab for evaluation.
The defendant was arrested and charged with Possession of cannabis 20 grams or less, Driving under the influence (First Offense)(316.193/2A2A), Possession of Marijuana (893.13) Possession of Narcotic Paraphernalia (893.147), Failure to obey Leo (316.072/3), Fail to obey traffic control device (316.074/1), Fail to turn as directed (316.151/2).
Results: Upon contacting the State Attorneys Office, Mr. Foley was able to have them immediately dismiss the The charges of Failure to Obey LEO (Law Enforcement Officer) and the Possession of narcotic Paraphernalia charges. Three of the remaining four charges were dismissed on a technicality, the last charge Possession of Cannabis was ultiatmly dismissed after the defendant entered a six-month drug court program. No Prison, No Jail, and No Conviction. All charges dismissed.
Internal Reference #1021
Drug Charges MarijuanaFacts: While working, we observed a 1996 Ford Taurus Gold in color driving southbound on NW 42 AVE. As this vehicle approached NW/83 St/ NW 42 nd the vehicle made a right then without a turn signal to travel westbound on NW 183 St. The detectives positioned the marked police vehicle behind the vehicle and initiated a traffic stop.
Detective G approached and asked him for his FL DL. As the officer asked him, he smelled a strong odor of Marijuana emitting from the side of the vehicle. The defendant refused to give Detective G his Florida Driving License. The officer asked a second time and he refused again. The officer explained to the defendant that refusal to give his information is obstruction and he could ne arrested. The defendant refused for a third time and was arrested.
A search of the surrounding area of the driver sear revealed that in the center console, he had a silver metal container containing marijuana and marijuana residue.
The defendant said to the detectives “Fuck you, I am taking this to court. It’s your word against mine and I know the judge is not stupid enough to believe two cops”.
Charges:
Results: The case was set for a Motion to Suppress and trial on the same day. There was a problem with the evidence(chain of custody). The police either lost, misplaced, or confused the evidence and the evidence was not available for court presentation. All charges dismissed.
Internal Reference # 1033
Motion to MitigateFacts: The defendant was charged with Possession of Cannabis while on Probation and Attempted Tampering with Evidence. The defendant originally hired another attorney. The original attorney entered a plea for 18 months of probation. The defendant learned that the probation officer violated him for a drug test although the judge gave the defendant 30 days to get clean. The defendant immediately retained the original attorney again to file a Motion for In Court Surrender. The original attorney delayed filing the motion and explained the delay on the death of the attorney’s father. The delay led to an additional violation for the defendant of absconding. The defendant was violated and received a new term of 18 months for drug offender probation and was required to do daily reporting and six months of electronic monitoring. With this new sentence, the defendant was going to lose his job. The defendant retained Mr. Foley.
Result: Mr. Foley filed a verified Motion for Rehearing and/or Motion to Mitigate. Mr. Foley’s motion was granted by the court and the defendant’s original sentence was imposed.
Internal Reference #1034
Facts: The defendant worked for a high profile developer as a bodyguard. While out at a club in Ft. Lauderdale, an argument broke out between the developer and a valet attendant. The attendant began to charge at the developer so the defendant took the valet attendant down to protect his client. When the police came, they arrested a man who they thought was the defendant but it was not him. It should be noted that the defendant weighs about 180 pounds while the man they arrested looked much heavier. The police officer claimed he saw the defendant punch the man, which clearly is not true because he arrested the wrong man. Once the police officer learned of his mistake and arrested the defendant, the defendant was then told to sit down on the sidewalk. The alleged victim walked over to the defendant and threw a bag of cocaine on the floor and yelled to the police claiming it was the defendant’s cocaine. The police officer also claimed he saw the defendant throw the baggy on the ground which also was a lie.
The defendant was arrested and charged with Possession of Cocaine and a Misdemeanor Battery.
Result: After reviewing the police report and discussing the case with his client, Mr. Foley contacted several witnesses to the event and then was able to convince the prosecutor that the police officer had fabricated his police report and case was dismissed. No Prison, No Jail, No Conviction. Case Dismissed.
Internal Reference # 1036
Facts: The defendant was charged with violating County Ordinance of Alcohol Beverage Possession/Sale and Disorderedly Intoxication
Results: Mr. Foley negotiated with the prosecutor and was able to get the case dismissed.
Internal Reference #1046
Facts: On 11/20 the defendant was a cruise passenger aboard the ship. The ship was docked in Port Everglades, Florida. The defendant was taken into custody in reference to 2 active warrants. Deputy T made contact with Officer F who said the defendant was patted down at which time a pack of rolling papers was found in his wallet. Officer F asked the defendant if any narcotics were present in the cabin and the defendant stated that he had marijuana in a cigarette pack on the desk in the cabin. A green leafy substance was located and was field-tested positive by Officer F (marijuana) using a test kit. The marijuana weighed 1.9 grams. Deputy T responded to the terminal and took possession of the suspected marijuana and transported it to the lab for processing. The defendant was taken into custody and transported to the main jail.
The defendant was arrested and charged with Possession of Marijuana (893.13-6B)
Results: Mr. Foley secured a withheld adjudication on the case. The defendant was not convicted of the crime.
Internal Reference #1048
Initial Charge: Possession of Cocaine. Sentenced to probation. Mr. Foley was not the attorney at record.
Current Charge: Violation of Probation
Facts: The Defendant violated probation on the following conditions:
Failing to make a full and truthful report to the probation officer on the form provided for that purpose. The defendant did falsely report not using illegal drugs or controlled substances on the report submitted for the month of January, knowing same to be false when in truth the offender did use illegal drugs or controlled substances.
Failing to pay the State of Florida the amount of $50.00 per month toward cost of supervision, plus 4% surcharge, unless otherwise exempted. The defendant is $283.20 in arrears.
Failing to live and remain at liberty without violating any law. The defendant was in possession of a drug or narcotic not prescribed by a physician. Cocaine as shown by the analysis of a urine sample obtained from the offender and confirmed by a toxicology service.
Associating with persons engaged in criminal activity was grounds for belief that the defendant violated her probation. The defendant did associate with her sister who was engaged in criminal activity, as evidenced by defendant’s admission.
Results: Defendant reinstated to probation. All previous conditions reapply.
Internal Reference #1049
Cultivation Hydroponic Lab, Grow HouseFacts: During the last several months’ information was developed that the defendant may be growing marijuana within his residence. Based on that information, a Federal subpoena was issued to FP&L for the defendant’s electric use history and comparable residences in the area by DEA Agent L. Please note the house is owned by the defendant and the electric is in his name. Upon getting the information back it was learned that the defendant’s residence is approximately 2300 square feet under air and was using 4870 kilowatts per month. It also showed approximately three times as much electricity being used as the houses of equal size in the area was using.
Based on the above Facts the listed Detectives and Detective P proceeded to the area to conduct a knock and talk with the defendant. Upon arrival, at approximately 14:15hrs, we observed the defendant standing in the yard on the west side of his property. Detective A and Detective P proceeded to approach the defendant and Detective P identified himself. He explained to the defendant why they were at his residence and that they were investigating, that he may have marijuana growing within the house. Detective P then read the defendant his Miranda warnings, and he advised he understood his rights and would freely answer questions without an attorney present witnessed by Detective A. Detective P then asked the defendant if he would sign a consent to search his residence and property and granted me that request and signed a consent to search form at 14:20 hrs. Detective P then asked if he had marijuana growing within the house and he said yes. Detective P asked where, and he said in the garage, and in the shed on the west side of the property. The defendant, who was the only person at the house, was asked if he had any weapons within the residence and he said he had approximately 14 guns in different locations, both in the garage and within the house. The defendant then lead Detective P to the shed on the west side of the property, where the unlocked the lock with a key on his key ring. Once inside the shed, Detective P located 69 marijuana plants growing under one florescent light with two bulbs, and one hydroponic light with a 1000-watt bulb as well as one ballast. In the garage was one room with 48 live marijuana plants growing under two heat lamps with 1000-watt bulbs in each light. This area had reflective film on the walls, fans and a/c units to cool the room when needed. In the room was also chemicals commonly used to feed the plants during the different stages of growing marijuana.
The guns where then collected by Detective A and run via Teletype. After the guns where found not to be stolen, they where taken and placed into evidence. At approximately 16:03hrs I read the defendant his Miranda warnings again from a prepared card and on tape. The defendant advised he understood his rights and would freely answer any questions without an attorney present. Detective P asked the defendant how long he has been growing marijuana and he said for about four or five months. Detective P asked where he obtained the plants and he said he purchased the seeds via a magazine, and he grew the plants from seeds. Detective P asked if he sold the marijuana and he said he was strictly growing for personal use. The defendant went on to say that this was his second grow cycle at the house. In a dresser draw next to the defendant’s bed in the master bedroom was a bag of marijuana, which the defendant said was his for personal use. Detective P asked the unemployed defendant if he had any currency in the house and he said he had $2840.00 in a gun case in the garage film cabinet. That money appeared to be fruits form illegal drug sales was taken and placed into evidence pending confiscation.
The Marijuana plants where then taken from the pots and photographed with their root system shown. The plants where then placed into evidence and sent for further testing. One note pad with detailed notes on grow cycles and dates found in the garage grow room was placed into evidence as well as one ballast, one high times magazine, one florescent light, one hydroponic light with 1000 watt bulb and a CD of the photo’s taken on scene.
The defendant was then placed under arrest and charged accordingly. The house was turned over to the defendants wife has had arrived home.
The defendant was arrested and charged with Manufacturing Cannabis (893.02(14)(A)) and Possession of Cannabis with intent to deliver/sell.
Process: Mr. Foley filed a Motion to Suppress claiming that the police lacked exigent circumstances to enter the property and did not have a valid warrant. After a 5 and half hour Motion to Suppress, the motion was granted and the state filed a Nolle Pross(case dismissed).
Results: The win in this case was that Mr. Foley had both charges of Manufacturing Cannabis and Possession of Cannabis with intent to sell/deliver Nolle Prosequi( dismissed ).
Internal Reference # 1050
Facts: Deputy B was dispatched to a hotel in reference for 3 females causing a disturbance and possibly smoking marijuana. Deputy B met with the assistant manager who related the following: The females had been in the room causing a disturbance. The manager sent staff members to the room and they advised the females were not going to leave unless they were completely refunded. The manager further related the females were smoking Marijuana and the room had a strong smell of Marijuana.
Sgt. W and Deputy B went to the room and knocked on the door. A female answered the door. As soon as the door opened, Deputy B could smell a strong odor of Marijuana inside the room. Deputy B made contact with the defendant and another female inside the room. Deputy B asked who was smoking Marijuana in the room, the females did not reply. Deputy B then asked if there was Marijuana in the room. The defendant replied and stated there was Marijuana inside her purse. Deputy B asked if he could check her purse and she gave consent. He opened the purse and saw a clear plastic bag inside containing what appeared to be Marijuana. The defendant admitted ownership of the Marijuana and related that was the only Marijuana in the room.
Deputy B took possession of the Marijuana. The seized Marijuana was tested using KN Reagent with positive results for Cannabis Sativa. It was placed in property. The defendant was issued an NTA for Possession of Marijuana under 20 grams and released. No further action taken.
The defendant was charged with Possession of Marijuana under 20 grams.
Results: Upon the Defendant’s request, Mr. Foley was successful in having the defendant placed in drug court for Possession of Marijuana charge. Charges Dismissed.
Internal Reference #1052
Marijuana Charges and Drug ParaphernaliaFacts: On 09/22 Officer L responded to the location in reference to a suspicious incident. An anonymous caller reported that a blue in color SUV bearing a Florida tag was parked on the north side of the apartment complex and the occupants inside were smoking Marijuana. When Officer L arrived, he made contact with Officer C who advised that upon his approach to the vehicle he smelled a stronger odor of marijuana coming form the vehicle. At that time, Officer L arrived on scene.
Upon making contact with the driver who is the defendant, Officer L smelled the strong and distinct odor of marijuana emanating from inside the vehicle. The defendant was asked to exit the vehicle along with the 2 passengers. Officer L then searched the vehicle. A brown in color pipe was found in the center dash cup holder. Inside the pipe there was a small amount of a green leafy substance. In the front glove box I found mushrooms. Officer L knows from his training and experience the mushrooms were psilocybin mushrooms, more commonly known as “wavy caps” or hallucinogenic mushrooms. The substances located in the pipe field-tested positive for Marijuana by a department issued Quick Check test kit. After reading the three suspects their Miranda warnings, they all agreed to answer the officer’s questions. Officer L asked all three subjects whose mushrooms were located in the glove box. One of the suspects who was not the defendant advised that they were his mushrooms and that he uses them to “trip” when he goes to the beach. Officer L then asked whose pipe with marijuana residue was in the center console cup holder. The defendant advised that the pipe was his and he used it to smoke marijuana. The third suspect advised that he was only riding with the two other suspects.
Officer L placed the defendant under arrest for possession of Marijuana under 20 grams and possession of drug paraphernalia. Officer L placed the other suspect under arrest for possession of hallucinogenic. The defendant was released from the police department ROR. The other charged suspect was transported to jail.
The marijuana weighed .1 grams. The marijuana, mushrooms, and brown wood pipe were submitted into evidence.
The defendant was arrested and charged Possession of Marijuana under 20 grams (893.13(6b)) and possession of drug paraphernalia (893.147(1)).
Results: Case Dismissed.
Internal Reference #1052B
On 7/23/10 at approximately 0023 hours at the location, which is located within the jurisdictional limits of the city of Coral Springs, within Broward County and the State of Florida, the defendant did commit the violation of possession of alprazolam. The defendant did have in his actual possession a controlled substance, to wit; three 2 milligram tablets of Alprazolam. The alprazolam tablets were sent to the lab for analysis. The defendant did also commit the violation of DUI with damage to property of another. The defendant did then and there unlawfully drive a motor vehicle, to wit; while he was under the influence of Lexapro, Zyprexa, Buspar, and Alprazolam to the extent that his normal faculties were impaired.
Lt. B first made contact with the defendant during a crash investigation. LT. B had observed the defendant driving the listed vehicle and crash it into a street sign on the median.
Officer M then arrived on scene and conducted a pat down of the defendant’s outer clothing for officer safety purposes. During the pat down, Officer M felt three small rectangular tablets in the defendant’s right front pocket. Based on Officer M’s training and experience and the manner in which the tablets were being carried, Officer M recognized them to be consistent with the shape of Alprazolam bars. Officer M recovered the tablets and they were positively identified as 2-milligram Alprazolam tablets with Poison Control
Officer C then arrived on the scene to conduct a DUI investigation. Upon Officer C’s arrival, he identified himself to the defendant and informed him that he was there to conduct a DUI investigation. Officer C observed a small amount of white powder around the edge of the defendant’s right nostril, white foam on the left exterior of his mouth, his face appeared red and flushed, his body appeared very sweaty, his eyes were watery and bloodshot, and he spoke in a very mush mouthed manner. Officer C requested the defendant to submit to field sobriety exercises, to which the defendant agreed and produced the following results:
Walk and Turn: Cannot keep balance while listening to instructions, loses balance while walking, stepped off line on step 4, used arms to balance by raising them more than 6 inches, lost balance while turning.
One Leg Stand: Uses arms to balance by raising them more than 6 inches, puts foot down four times, cannot complete the exercise by putting foot down more than three times.
Finger to Nose: Could not keep head tilted back
In addition to Officer C’s previous observations, when the defendant stood up from the street curb to perform the field sobriety exercise, Officer C observed the defendant swaying side to side and having trouble maintaining his balance.
Post Miranda (Read by LT. B), The defendant admitted that he consumed Lexapro and Zyprexa on 7/22 at approximately 1500 hours, he consumed a Buspar tablet on 7/22 at approximately 1900hours, and he snorted an Alprazolam tablet approximately 20 minutes prior to the crash.
Based on Lt. B’s observations of his driving behavior, Officer C’s observations of his physical condition, his post-Miranda admissions, and his performance on the field sobriety exercises. The defendant was arrested for DUI with damage to property of another in addition to being in possession of Alprazolam. The defendant was then transported to the police station. After being processed at the police station, the defendant refused to submit to breath and urine tests in the presence of Officer C and Officer P. After being read Florida’s Implied Consent Law, the defendant again refused to submit to breath and urine tests.
The defendant was then transported to jail.
The vehicle was towed and seized for forfeiture
Charges:
Results:
Internal Reference #1062B
Facts: Same defendant as #1062 also had a separate charge for Possession of Oxycodone. The defendant had also absconded from the law on this case and was facing five years Florida State Prison on this charge and 56 years on the trafficking charges.
Results:
Possession of Oxycodone – Time Served – Adjudicated Guilty (522 days).
Internal Reference #1065
Facts: On the 3 rd of August, Officer W witnessed a car driving north at a high rate of speed. Officer W then followed the vehicle in his unmarked car to a location. The driver of the vehicle (defendant) then exited the car, and appeared to wait for two passengers who entered the residence. The defendant then littered a cigarette on the street, and left west at a high rate of speed in a residential area. The defendant than approached the stop sign and made a left turn without stopping. The defendant affected the oncoming traffic, and continued south. The defendant then approached a vehicle in his own lane, and began to follow the vehicle at an unsafe distance. The defendant then passed the vehicle in a no passing area when the vehicle in front of him attempted to make a right turn.
Officer W then stopped the vehicle. Upon arrival to the vehicle, Officer W smelled through his training and experience the odor of burnt cannabis emanating from within the vehicle. Officer T then arrived as a back up officer, and advised officer W that he also smelled burnt cannabis from within the vehicle. The defendant (driver) identified himself by his Florida Drivers License, and admitted to driving fast due to the fact that he was late for work. The defendant was then asked to exit the vehicle. The defendant was then advised of his Miranda Warning on scene, and stated he understood them. Post Miranda, the defendant admitted to being in possession of cannabis inside the vehicle. A search of the defendant revealed a prescription bottle for oxycodone inside his front left pocket.
The bottle contained various pills, which were not only oxycodone 80 MG like the label stated. Located inside the bottle were 23 pills of Carisoprodol/Soma, 23 pills of Hydrocodone/Vicodin, which weighed 10.06 grams, 1.5 pills of Alprazolam, and 6-prescription Fioricet. All the above-mentioned pills were identified by poison control. A search of the vehicle revealed two marijuana cigarettes inside a compartment in front of the gearshift, and two marijuana cigarette ends were located inside a cigarette pack next to the passenger seat. The marijuana field-tested positive and weighed 2.09 grams. The defendant admitted post Miranda that the marijuana belonged to him. The defendant was unable to provide prescriptions for any of the above medication besides the oxycodone, which he had the prescription bottle for.
The defendant admitted post Miranda that he did not have a prescription for Alprazolam, and stated he was given the pills from a friend. The defendant was also in possession of a prescription Fioricet, which is not a scheduled drug, but is a prescription drug. The defendant did possess the above-mentioned narcotics without a prescription, and did admit to being the owner of the above-mentioned drugs on scene.
The defendant was then taken to the police department for booking. He was later taken to the jail for booking. The defendant’s vehicle was impounded.
Charges:
Result: