Weapons Offenses Case Results

Internal Reference #1014

Facts: Officer VO made contact with Witness who devised that he received an “anonymous” tip that the defendant may be in possession of a knife. The defendant was called to the office where a search of his person, by school officials, revealed him to be in possession of a 6-inch steak knife with a 2-½ blade. The defendant was placed under arrest. The defendant was charged with Possession of a Weapon on School Grounds (790.115).

Results: Mr. Foley was able to secure a win for this case by Nolle Prosequi(case dismissed)

Internal Reference #1035

Facts: The defendant was charged with Felony Weapons Possession

Results: Mr. Foley contacted the State and was able to get the case dismissed. No Prison, No Jail, No Conviction.

Internal Reference #1063

Facts: On 1/18 at approximately 0145 hours. Officer A observed the defendant stopped at a traffic light. The defendant put his vehicle in reverse and backed up at the stoplight. When the light turned green he proceeded eastbound. Officer A got behind the defendant and ran his Florida Registration on his MDC. Per the returned message, Officer A was advised that the vehicle tag had a seize tag order and the registered owner known as the defendant had a suspended Florida DL. Officer A continued to follow the vehicle and noticed that the vehicle’s exhaust system was altered and very loud. At this point, Officer A decided to conduct a traffic stop. Officer A active his emergency equipment and sounded his siren. The defendant continued to travel eastbound for approximately ½ mile where he finally stopped.

Officer A notified dispatch of the vehicle stop and advised the tag number and vehicle description. As Officer A approached the vehicle that dispatch advised the seize tag order and this particular vehicle was BOLOed earlier in the shift as a vehicle that was driving recklessly. Officer A made contact with the driver who appeared nervous. Officer A learned that the driver was in fact the defendant. Officer A requested his Driver’s License and Vehicle registration. As the defendant provided his documented, Officer A noticed his hands were trembling and he was nervous. At this time, backup deputies arrived. They stayed with the defendant and Officer A returned to his vehicle to write the defendant two traffic citations for a Vehicle With an Altered exhaust and Driving While License Suspended First Offense. When Officer A returned to the vehicle to have the defendant sign the two citations, he asked the defendant why he was so nervous. The defendant advised that he had a Concealed Weapons Permit and was carrying a handgun in the center glove box. Officer A had the defendant exit the vehicle and Officer A retrieved a loaded Glock 19 handgun with a fifteen round magazine, for officer safety. Also stored in the center glove box was a second fully loaded fifteen round magazine and a fully loaded thirty round magazine. Officer A had the defendant produce his CCF Permit. As Officer A was securing the handgun, he noticed a strong odor of marijuana inside of the vehicle. Officer A advised the defendant Miranda from a issued card. The defendant acknowledged his rights and agreed to answer additional questions. Officer A asked him if there was marijuana in the vehicle. The defendant stated there may be a small amount between the seats. Officer A began to check the rest of the passenger compartment when he discovered a Kel Tech .223 semi auto machine pistol on the back seat within reach of the front seat occupant. The machine pistol was concealed under a black sweater. On the rear floorboard, Officer A located a 100 round fully loaded .223 drum magazine for the machine pistol. Officer A recovered the machine pistol, and the drum magazine for the machine pistol. Officer A recovered the machine pistol, and the drum. Officer A continued to smell the strong odor of marijuana in the vehicle. The smell was more pungent in the rear seat area and towards the trunk. Officer A continued to search the rear seat area and located several small zip-lock baggies in the pocket on the rear of the front seat passenger seat. There was a small amount of marijuana residue in the baggies, but not enough for the amount of odor that he was still smelling in the vehicle. Officer A also located one spent 9 mm shell casing on the floor of the rear passenger compartment. He recovered these items for evidence.

Officer A then began to search the trunk where he immediately found a large black nylon rifle case that contained two additional .223 fully loaded 30 round magazines and other equipment for the machine pistol. The odor of the marijuana was stronger in the trunk of the vehicle and he continued to search the trunk for the source of the odor. On the rights ide of the trunk panel where the jack and tire tools would be housed, officer A located a zip-lock baggy with three additional zip lock baggies that contained a small amounts of marijuana packaged for street level sale. On the exterior of the baggy that had the three baggies with marijuana was a handwritten number 10. From Officer A’s training and experience, he knows this is a common way that street level narcotics dealers note the amount of narcotics contained a package and the amount each should be sold for.

Upon further inspection, Officer A located two blue latex globes each with a handwritten inscription of 10 and 20 respectively. Officer A knew that these are inscriptions used in the street level sale of narcotics. Inside each of the latex gloves was additional zip-lock baggies individually packaged with small amounts of marijuana for street level sale. Officer A revered all of the individual baggies and the latex gloves and the empty baggies with the handwritten inscriptions typical of street level narcotic sale packaging. Officer A arrested the defendant and placed him in handcuffs for the charge of Possession of Marijuana with the Intent to Deliver.

Officer A seized the defendant’s CCF permit, the two firearms, and all the ammunition for both guns, the magazines and the packaged marijuana and took it all as evidence. Officer A field-tested the suspected marijuana with a Duquenois Reagent Test Kit and it showed positive for marijuana. Officer A photographed the firearms, ammunition, and magazines.

At the office, Officer A weighed all the marijuana and it totaled approximately 4.5 grams. Officer A repackaged the marijuana and had it sent to the lab for further testing. Officer A also photographed the marijuana and how it was packaged for evidence.

The defendant was brought to the District Office where he was processed for booking. Officer A packaged all the evidence for transport to the lab.

The defendant was in possession of marijuana for street level distribution. Additionally, the defendant was armed with two firearms while committing eh felony of Possession of Marijuana with Intent to Deliver. The defendant was charged accordingly and transported to the jail for booking. The defendant was also issued the two traffic citations for the initial traffic violations. The defendant’s vehicle was towed and was held for confiscation. Officer A seized the tag as directed by the Teletype message.

Officer A will notify The Department of Agriculture and Consumer Services to inform them of the defendant’s arrest for the listed felonies while being armed.

Charges:

1. Loud/Defective /Muffler/Cut-out(316.272) Traffic Infraction
2. Driver While License Suspended-First(322.34-2a) – Traffic Criminal
3. Sell/Man/Del Poss/W/Intent Schedule 1a,1b,1d,2 (893.13-1a1) Max 60 days County Jail
4. Use Display Etc Firearm During Felony(790.07-2) Third Degree Felony – 5 year Max Florida State Prison
5. Use Display Etc Firearm During Felony(790.07-2) Third Degree Felony – 5 year Max Florida State Prison
6. Weapons Offense Commit 3 Degree Fel W(775.087-1c) Third Degree Felony – 5 year Max Florida State prison

A “Knock and Talk” was conducted at the above residence in reference to a follow-up investigation. Officer D Met with a female who said she lived there with the defendant and their child. A shoebox containing approximately 32 grams of marijuana, digital scale, pipe, and plastic baggies was recovered by the female from the closet in the master bedroom. The female stated she did not know it was there and the shoeboxes belonged to the defendant. The amount of marijuana, scale, and baggies are consistent with the sale of marijuana. The marijuana field-tested positive using a Narco-test kit.

The defendant was charged with Possession of Marijuana with intent to Sell (893.13-1a2(1C7))

Results:

1. Loud/Defective /Muffler/Cut-out(316.272) - Dismissed
2. Driver While License Suspended-First Offense(322.34-2a) – Withhold of Adjudication
3. Sell/Man/Del Poss/W/Intent Schedule 1a,1b,1d,2 (893.13-1a1) - Dismissed
4. Use Display Etc Firearm During Felony(790.07-2) - Dismissed
5. Use Display Etc Firearm During Felony(790.07-2) - Dismissed
6. Weapons Offense Commit 3 Degree Fel W(775.087-1c) – Dismissed

Mr. Foley filed a subsequent motion to return the firearms, which was granted. All evidence was returned to the defendant. ALL CHARGES DISMISSED

Internal Reference #1066

Facts: The defendant was charged with Possession of Weapon or Ammo, Dealing In Stolen Property, 3 Counts Grand Theft, and 5 Counts Petit Theft.

Process: Mr. Foley contacted the State Attorneys Office and was able to convince them to dismiss the charges against the defendant.

Results: Case Dismissed – No Information

Internal Reference #2011

Facts: On 6/14 at approximately 12138 hours, Officer A responded to a location in reference to a motor vehicle crash. Upon arrival, Officer A observed two vehicles involved. Of particular note was a white car. This vehicle had been struck and driven off of the roadway through a wooden fence and into a parking lot on the east side of the roadway. The driver of the vehicle, later identified as the defendant, was still inside his vehicle being attended to by fire/rescue. The defendant was observed to be placed in a neck collar and while he was being removed form his car and placed on a body board, Officer A observed a small, gun metal gray, handgun fall out of the defendants front pants pocket onto the pavement in the parking lot. While checking on the defendant at the hospital later that day it was determined that the defendant does not hold a concealed weapon permit, which would allow him to lawfully carry a handgun. The handgun was loaded with a six (6) round magazine.

Charges: Carrying Concealed Firearm (790.01-2)

Result: Carrying Concealed Firearm(790.01-2) – Adjudication Withheld

No Probation, No Prison, No Jail

Internal Reference #5027

Process: Mr. Foley filed motion to vacate capias. ∆, a school teacher, charged with carrying a concealed weapon because he had a butter knife he used to adjust his car radio. Mr. Foley set it for trial and the state attorney agreed to dismiss. Connected domestic violence civil case with injunction in which ∆ agreed to surrender weapons.

Charges: Carrying concealed weapon

Result: Carrying concealed weapon - Dismissed

All charges dismissed

Internal Reference #6018

Charges:

1. Carrying a concealed firearm
2. Resisting officer without violence

Result:

1. Carrying a concealed firearm – entered diversion program - Dismissed
2. Resisting officer without violence – dismissed

All charges dismissed