Marijuana Crimes Case Results

Internal Reference # 1053

Facts: On Wednesday, January 6 ^th at approximately 1337 hours. Deputy B along with Deputy M were dispatched to the location in reference to a suspicious person.

Upon arrival the two deputies’ observed a male stripping wire. The wire was tied out approximately 25 yards from a truck to a light pole. The two deputies watched the defendant from several minutes prior to contact. The two deputies observed him inside the front passenger compartment of the vehicle and inside the back hatch.

Upon contact the defendant was stripping the wire with a razor blade and there were several blades on the ground between the vehicle and the pole. Deputy B asked him to drop the razor blade, and Deputy M patted him down for weapons. The defendant also provided the deputies with a Florida license identifying him as the defendant. During this time he sated the wire was not stolen and that contractors let him keep left over pieces when he works.

Deputy B walked over to the vehicle and looked inside. He observed through the window a large roll of wire on a wood spool in the back cargo area. Deputy B looked through the front passenger window and observed in plain view what appeared to him through his training and knowledge to be a bag of Marijuana and a hand rolled cigar containing Marijuana.

Deputy B ran the tag and found it registered to another name.

Deputy B contacted the shift supervisor sergeant M and informed him of the situation. Sergeant M responded and contacted the detective bureau.

Deputy B returned and asked the defendant why he had a whole roll of wire instead of the scraps he had. The defendant again said the wire was not stolen and it belonged to him. The defendant also stated “A man has to eat, and I get $2.60 a pound for this.” Deputy B asked the defendant who the name that is registered to the car was and he said it was his father. Deputy B asked him if there was anything illegal in the vehicle. The defendant responded the weed is mine “I smoke that shit.” This showed knowledge and possession of the marijuana.

The defendant continued to change his story of where he acquired the wire. The decision was made to take the wire for safekeeping until ownership could be proved. A property receipt was completed and the wire transported.

The defendant was advised he was under arrest and handcuffed (double-locked). He was transported to jail and booked for the listed charge based on this information.

The marijuana was recovered and a property sheet completed. The marijuana will be forwarded to the lab for further testing and for use in court. No further information at this time.

The defendant was arrested and charged with Possession of Marijuana under 20 grams (893.13-6B)

Process: Mr. Foley was waiting on his case to be called where he saw a black male in a purple suit and cane arguing before the court. He was not familiar with this man as a lawyer in the courthouse and after listening to his arguments, realized quickly that he was not a lawyer but rather a defendant arguing Pro Se. The Pro Se defendant with the help of newly appointed public defender, was arguing against two prosecutors. The two prosecutors were taking advantage of the lack of experience that the defendant had and the newly appointed public defender. During this time, Mr. Foley believed that the prosecution was taking advantage of the situation and drafted a few questions and passed them to the public defender. The public defender had been assigned simply to aid the defendant in legal matters but was not Per Se defending him. The defendant wished to represent himself. The defendant was cross-examining the police officer and was doing a terrible job. Mr. Foley quickly realized that the police officer on the stand was embellishing the story and became agitated. Mr. Foley respectfully interrupted the proceedings and volunteered to argue the case for free. The judge granted the continuance. Mr. Foley filed a Motion to Suppress and the state Nolle Prossed the matter without a hearing.

Result: Motion to Suppress filed by Mr. Foley. State announced Nolle Pross/Dismissal.

Internal Reference #1090

Facts: On January 17, Detective L received information that several persons were at a location (a location of a grow house, search warrant already executed). Surveillance was set up on the residence and noticed a car leave the residence. The vehicle ran a stop sign. A traffic stop was conducted and Detective A could smell raw marijuana from the vehicle. Detective L found loose marijuana on the floorboard (field tested positive). The defendant was arrested on Possession of Marijuana 4/20 grams.

The defendant was arrested and charged with Possession of Marijuana w/20 (893.13(6)(B)

Results: Mr. Foley filed a Motion to Withdraw, which was granted.

Internal Reference #1091

Facts: On January 15 at approximately 1605 hours, the Special Investigations Unit served a search warrant at the location. The defendant was located at the residence and observed entering the residence using a key by Detective M. The search warrant was read and Miranda warnings were given to the defendant in Spanish by Detective M. Found inside the residence was a full grow room with approximately 10 Full Size mature plants. The size and weight of the plants appeared to be in excess of 25 lbs. based on Detective A’s training and experience. The room had grow lights, ballasts, timers, fans, and reflective material in the air ducts located in the grow room. Each plant was in a pot with a grow box. Post Miranda, the defendant said there were approximately, 10 plants in the residence. The defendant said he was responsible for the grow house by himself. The defendant said his only form of employment was tending to the grow house.

The defendant was arrested and charge with Possession of Marijuana w/Intent To Sell (893.13(1)(A)(1), Trafficking in Marijuana (893.135), and Possession of Marijuana Over 20 Grams (893.13(6)(B).

Results: Mr. Foley filed for a Motion to Withdraw from the case, which was granted.

Internal Reference #1092

Facts: On 4/09 at Approximately 0327 hours at the location from a traffics top that was initiated for unlawful speed, the defendant was found to be in Possession of Cocaine, Marijuana Over 20 Grams with Intent to Sell, and Drug Paraphernalia

To Wit: Officer M was running a stationary radar at a location and observed a car traveling at a significant speed over the posted speed limit of 40MPH. After visual estimation, Officer M activated his Stalk ATR Radar and found the defendant’s vehicle to be traveling at 61 MPH, which is 21 MPH over the posted speed limit. The vehicle was stopped at an intersection and the defendant was asked to produce his license, registration and proof of insurance.

The defendant produced his license and as he was searching the inside of his vehicle for the registration and insurance. Officer M smelled a strong odor that from his training and experience is known to him as burnt marijuana. Prior to backup arriving, Officer M asked the defendant if he had any guns, knives, weapons or anything that Officer M should know about inside the vehicle. At that time, the defendant reached into his pocket and pulled out a multicolor glass pipe commonly used to smoke marijuana containing suspect marijuana residue.

The defendant additionally consented to a search of his vehicle and was asked to exit the vehicle. As the defendant exited the vehicle, he was told not to reach for anything, due to not having conducted an external pat down of his clothing for weapons. The defendant immediately turned away from Officer M and put his hands into the pocket of his pants. As the defendant removed his hands, a small clear plastic baggie fell from the right side of his person to the ground that containing a white powdery substance, a Scott Reagent (modified) test for cocaine was later conducted by Officer M that tested positive for the presumptive presence of cocaine. The total bag weight of the suspect cocaine at the time of the test was 0.37 grams.

A search of the defendant’s vehicle revealed a large clear plastic zip lock bag containing three smaller zip lock bags with 23.64 grams and 16.26 grams of a green-leafy substance known to Officer M as marijuana. The marijuana was field-tested positive using the Duquenois-Levine Reagent. The total marijuana weight is 66.48 grams. Additionally inside the large zip lock bag was a black digital scale used to test the weight of the marijuana. Also in the defendant’s possession at the time of his arrest was $547.00 in cash.

The defendant was taken into custody and transported to the police department for processing. At the police department he was advised his Miranda rights, via preprinted text, and agreed to speak about the narcotics. He admitted the marijuana and cocaine belonged to him; stating that he bought the marijuana two days prior. When asked about the amounts and packing, he could not provide a purpose for the packaging as it appeared for distribution, the quantity of marijuana that is not usual or personal consumption, or why the scale was packaged with it. Due to the above circumstances, it is believed that the defendant did possess the marijuana with intent to sell.

The defendant denied the money being associated with the narcotics. At the police department a certified narcotics K9 was called out at which time Detective S and K9 I responded. K9 I positively alerted to the currency during the money proof. Due to the corresponding cash with the narcotics, the money was submitted into evidence at the police department with the narcotics, scale and pipe. The defendant was transported to jail for the charges.

The defendant was arrested and charged with:

1. Marijuana – Possession With Intent to Sell (893.13(1A2)(1C7))
2. Possession of Cocaine (893.13-6A(2A4))
3. Possession of Paraphernalia (893.147(1))
4. Traffic- Speeding (316.189)

Process: Possession with intent to sell is to eligible for a defendant to enter drug court. Mr. Foley was able to negotiate with the state and the judge to allow the defendant to enter the drug court program.

Results:

1. Marijuana – Possession With Intent to Sell (893.13(1A2)(1C7)) - Dismissed
2. Possession of Cocaine (893.13-6A(2A4)) - Dismissed
3. Possession of Paraphernalia (893.147(1)) - Dismissed
4. Traffic- Speeding (316.189) - Dismissed

ALL CHARGES DISMISSED

Internal Reference # 1095

Facts: While stationary in Officer S’s marked patrol vehicle, he observed a SUV traveling northbound on a road from his location. When the vehicle approached Officer S, he noticed there was no rearview mirror attached to the front windshield. When the vehicle passed, he also noticed the left brake light was broken out. Officer S initiated a traffic stop based on the above-mentioned violations.

Upon making contact with the driver, later identified as the defendant. Officer S noticed the defendant was very nervous. When he bean speaking with the defendant, he was sweating profusely and looking in the front passenger compartment, glove box and center console for an unknown reason. Even though the defendant was not concerned with the reason for the traffic stop, Officer S informed him anyway.

Due to the fact that the defendant was moving all over the front compartment, Officer S asked him to step out of the vehicle. When the defendant stepped out of the vehicle, he stood in the doorway and bladed his body concealing his right hand. When the defendant noticed that Officer S identified what he was doing he simultaneously opened his right hand and tossed an unknown item on the driver’s floorboard.

Further investigation revealed that the defendant tossed a small gold pipe like instrument on the floorboard containing a green leafy substance, which Officer S recognized to be that of suspected marijuana. The defendant was detained pending test results of the suspected marijuana.

On scene, the suspected marijuana was tested with a NIKS Field Test Kit, which revealed positive results. Per F.S.S. 893.13(6B), Possession of Marijuana (under 20g), the defendant was advised he was being placed under arrest. Post Miranda Warnings, Officer S asked the defendant if he had any other drugs in the vehicle and he replied, “I have a little more weed in a black tube”. A black tube containing a green leafy substance was later found inside the center console. The green leafy substance was also tested with a NIKS Field Testing Kit, which revealed positive results. The Marijuana was weighted on an OHAUS triple beam scale and weighed 1.5 grams. The Marijuana and pipe was placed into evidence at the police department.

The defendant was released on scene with a Notice to appear in court.

Charges: Possession of Marijuana (Under 20g).

Results: The defendant completed the ACF Mileposts Program and the charge was Nolle Prosequi (dismissed )

Internal Reference #1106

Facts: On 10/03 at approximately 1700 hours, Officer L began following behind a vehicle as It drove northbound on a road. As Officer L followed the vehicle, he observed it tailgate other slower moving vehicles at less than a car length. Officer L observed it make several dangerous lane changes without any warning to other nearby vehicles and also observed that the window tints on it appeared to be darker than legally allowed in the State of Florida. (It should be noted that Detective B was a front seat passenger in Officer L’s vehicle and he also observed all the listed traffic violations)

Officer L initiated a traffic stop on this vehicle and made contact with the driver at his open window and asked him for his documents. Officer L did smell the odor of burned marijuana coming from the passenger compartment. (As Officer L made contact with the driver, Detective B stood at the half open passenger side front door window and indicated to Officer L that he also smelled the same odor of burned marijuana coming from the passenger compartment.) After obtaining the Florida drivers license and registration of the driver, Officer L identified him as the Defendant. At this point, Officer L asked the defendant to step to the rear of his vehicle and did explain to him that he smelled the odor of burned marijuana and that he would be conducting a search of his vehicle. The defendant appeared very nervous, so Detective B stayed with him as officer L conducted a search of the passenger compartment of the vehicle. During the search, Officer L observed a red plastic cup stored in the pocket of the driver’s door to have suspect marijuana stems in it and also that the ashtray contained what appeared to be a small portion of a burned marijuana cigarette. A further search revealed a laptop computer bag on the front passenger seat with a Ziploc sandwich baggie inside the center pocket containing what appeared to be under a gram of suspect marijuana. (The suspect marijuana in the sandwich bag did Field Test Positive as marijuana using a Duquenois-Levine Reagent test). With this find, Detective B placed the defendant in handcuffs and Officer L read the defendant his Miranda Rights from a prepared card. The defendant did wave his Miranda Rights and at that time, Officer L asked him if he knew that marijuana as illegal to possess in Florida and he stated that “yes” he knew it was illegal. Officer L asked the defendant if this marijuana was for his personal use or for sale and he did state that it was for his own personal use. Officer L asked the defendant how much he paid for the marijuana and he stated “$10.00”. Officer L asked the defendant where he bought the marijuana and he stated that he would only tell Officer L that the person who sold the marijuana to him was a female.

The defendant was arrested for Possession of under 20 grams of marijuana and contact was made with the defendant’s mother, who did respond to the scene. Upon arrival, the defendant’s mother was identified by her driver’s license and she did sign and was given a copy of a Juvenile Release Agreement. The defendant was issued a citation for violation of F.S.S. 316.0895(1) (Following Too Closely) and was given verbal warnings for the other traffic violations including his illegal tint (tested at 16%). The defendant left the scene in his vehicle.

Results: The defendant plead No Contest to the charge of Possession of Cannabis < 20 grams and the charge received a Withhold of Ajudication. The defendant received a judicial warning and a $50 fine. This was a juvenile case.

Internal Reference #1152

Facts: On March 07, at approximately 13:15 hours, Agent T was contacted via telephone by the Sheriffs Office detectives R and M. In speaking with Detective M, he told Agent T that he had a suspect in custody reference several vehicle burglaries and that this person was also in Possession of Marijuana packaged for sale.

A short while later, Agent T arrived at the sub station and continued his conversation with Detective M. Detective M further told Agent T that he had been investigating several vehicle burglaries that had occurred in a gated community. Detective M continued to tell Agent T that through investigative resources he had identified the defendant as a suspect in the above said vehicle burglaries. Detective M advised that on march 07, at approximately 10:10 hours he began surveillance at the defendant’s residence. A short while later Detective M observed the defendant enter a car and drive away from the area. The defendant’s vehicle drove to the rear of the club house in the gated community, where it parked. Detective M initiated a traffic stop on the vehicle by activating his emergency lights. Detective M exited his vehicle and made a driver’s side approach on the vehicle were he made contact with the defendant, who was the sole occupant of the vehicle and the driver’s door was open. Detective M was immediately impacted by the strong odor of Marijuana emanating from the interior of the defendant’s vehicle. Detective M states that he had a brief conversation with the defendant reference his vehicle burglary cases. At the end of the conversation, Detective M advised the defendant that he was under arrest and subsequently placed him into handcuffs w/out incident. Search, incident to arrest of the defendants vehicle which was conducted by Detective M and revealed he following:

• BB Gun on the front passenger seat
• Window punch-front driver’s door panel
• Two pair black gloves inside the glove box
• Garmin GPS inside the glove box
• Two clear plastic Ziploc drug baggies with Marijuana residue in pouch behind passenger seat.
• Two clear plastic Ziploc drug baggies in trunk
• Small glass jar and baggies with Marijuana resident in the center console
• Black/Red shoulder bag containing a small digital drug scale, scale carton, box of new/unused clear plastic Ziploc drug baggies, and a small black case (box) which contained Marijuana inside two clear plastic Ziploc drug baggies and an unknown amount of US currency rolled up in a rubber band.

Detective M advised that the defendant was subsequently transported to the Sheriffs Office substation where a Post Miranda interview was conducted and the defendant confessed to the vehicle burglary crimes(audio and video recorded). Detective M showed Agent T the Marijuana and drug paraphernalia that was seized from the defendant’s vehicle and provided Agent T with a CD with photos of the location where all the above said items were located.

Officer T further looked inside the small black box and found inside of it the following items:

• 1 black digital drug scale with Marijuana residue
• 1 clear plastic Ziploc drug baggie containing 7 smaller clear plastic drug baggies containing Marijuana
• 1 clear plastic drug baggie containing 16.5 grams of loose Marijuana
• 2 clear plastic drug baggies containing 2 grams of Marijuana residue
• 1 package of Marijuana rolling papers
• 1 Marijuana grinder with residue
• 1 Marijuana drug pipe
• $145.00 in U.S. currency
• A piece of paper/drug ledger with a breakdown of Marijuana purchased “investment”, “Profit”, and “Consumption” with monetary values and weight.

Based on Agent T’s training, knowledge, and experience, he immediately recognized the green leafy substance continued inside the clear plastic Ziploc baggies to be Marijuana. Detective M turned over to me, all the Marijuana and drug paraphernalia related to his case. Agent T field tested the Marijuana in the clear plastic Ziploc drug baggies which were seized from the defendants vehicle with a Duquenois-Levine test kit which yielded a positive result for THC and weighed approximately 28 grams with packaging.

Based on his training, knowledge and experience street level drug dealers typically use or transform common house hold items(such as the black box, the box of clear plastic Ziploc drug baggies, digital drug scale and drug ledger) into drug paraphernalia to aid them in the packing, transportation, and concealment of illegal narcotics to avoid detection from law enforcement and for the illegal distribution and sale of narcotics to drug users for financial gain.

Shortly Thereafter, Agent T met with the defendant and introduced himself as an Agent with the narcotics unit. Agent T asked the defendant if he wanted to speak with him in reference the Marijuana seized from his vehicle by Detective M. Agent T also advised the defendant that Detective M and Agent S would also be present while they spoke. The defendant agreed to speak with Agent T at which time Agent T read his Miranda warnings from an authorized Sheriffs Office rights card. The defendant stated that he understood his rights. Agent T asked the defendant if he had any questions or concerns about his rights. The defendant stated that he understood his rights and had no questions for Agent T and subsequently signed his rights card and agreed to speak with Agent T. Post Miranda the defendant confessed tot eh above said Marijuana belonging to him and that he was selling Marijuana to his friends and associates to make extra money while he was in college. The defendant confessed tot eh various amounts of Marijuana he purchases from different sources (drug dealers) and how much he subsequently sells the Marijuana to make a profit. The defendant also stated that he is knowingly, willingly and methodically using his cell phone for the sole purpose of conducting illegal Marijuana drug sales to profit for with U.S. currency. The defendant further confessed to having additional stolen property concealed inside his bedroom at his parent’s residence where he resides. The defendant further agreed to allow deputies to search his bedroom without a search warrant in order to turn over the stolen property he had acquired from the vehicle burglaries. The entire confession was audio and video taped and later placed into evidence. Agent T advised the defendant that they did not have the right to search his bedroom without his verbal and/or written consent or by obtaining a search warrant. The defendant verbally agreed to let them search his bedroom and recover any stolen property he had acquired from the vehicle burglaries. Agent T presented the defendant with an authorized Sheriffs Office Consent to Search Form, which Agent T completed, and the defendant subsequently signed and Agent T witnessed.

Once the Sheriffs Office Waiver of Constitutional Rights: Consent to Search Form was signed, they prepared to drive to the defendant’s residence and search his bedroom. Agent T also advised the defendant that he was seizing his cell phone for evidentiary purpose and asked him for his consent to search his phone. Agent T told the defendant that they did not have the right to search his cell phone without his verbal and/or written consent or by obtaining a lawful search warrant. The defendant verbally agreed to let them search his cell phone. Agent T presented the defendant with another authorized Sheriffs Office Waiver of Constitutional Rights: Consent to Search Form to search his cell phone which Agent T completed and the defendant subsequently signed and Agent T witnessed. Once the Sheriffs Office Waiver of Constitutional Rights: Consent to Search Form was signed, Detective M, Deputies V and R, Agent K and Agent T drove to the defendants residence in order to obtain the stolen property. Upon their arrival, Agent K and Agent T made contact with the defendants mother at the front door of the above said residence where she refused law enforcement from entering into her home to search her son’s (defendant) bedroom for the stolen property that he confessed to having concealed inside his bedroom. Agent K explained to the defendant’s mother that a search warrant was going to be generated for her residence and submitted to a judge for their review and possible issuance. Agent K and Agent T requested that the defendant’s mother remain outside her residence for the search warrant process to begin. Upon advising the defendants mother that they were going to enter the residence to clear it for officer safety purposes and possible evidence destruction she became argumentative and continued to refuse our entry into her home. With the assistance of Deputies V and R, The defendant’s mother was clamed down and escorted to the driveway as to not interfere with the clearing of the above said residence. Prior to the officers entering the defendant’s residence, the defendant’s mother advised that there was a guest staying with the family in the back bedroom. Shortly thereafter Agent K and deputies V and R began clearing the above said residence. While clearing the above said residence an unknown black male was located in the rear bedroom and escorted outside. Once the above said residence was cleared and it was determined there was no threats to law enforcement inside the residence, Deputies V and R as well as Agent K and Agent T returned to the driveway and remained outside. Agent K subsequently generated a search warrant for the above said residence. For further information into this matter please refer to Agent K’s offense report. For further information into the vehicle burglary cases regarding the defendant and the traffic stop leading to his arrest and seizure of Marijuana please refer to Detective M’s offense report.

Based on the above investigation and Facts, Agent T finds that probable cause exits for the arrest of the defendant for Possession of Marijuana with Intent to Sell(893.13(1)(a)), Possession of Marijuana under 20 grams(893.13(6)(b)) and Transportation of Drug Paraphernalia(893.147(4)). Agent T maintained physical control of the 28 grams of Marijuana seized from the defendants vehicle and on March 08 at approximately 00:33 hours, Agent T placed it into evidence for further analysis by the Sheriffs Office crime lab. Agent T also placed into evidence all drug paraphernalia and the $145.00 U.S. Currency seized. For further information into this matter please refer to Agent K’s supplemental report. No injuries were reported or observed on scene. At this time, Agent T will be submitting this case to the State Attorney’s Office for their review and for the issuance of an arrest warrant for the defendant. Nothing Further.

The defendant was charged with Possession of Marijuana was Intent to Sell and Possession of Paraphernalia(use)

Results: After retaining Mr. Foley, the defendant was accepted into a Pre-Trial Intervention Program for the charges. Charges to be dismissed after 1 year.

Internal Reference #1165

Charges: Resist Officer With Violence

Result: Resist Officer With Violence (felony) – Amended to Resist Officer Without Violence (Misdemeanor) – 12 months probation