Drug Crimes Case Results (Part 4)

Internal Reference #9015

Charges: Possession of Cocaine

Result: Possession of Cocaine – Adjudication Withheld - 24 Months Probation


Internal Reference #9017

Facts: While on routine patrol, Officer F conducted a traffic stop on a car. The car was heading northbound and failed to stop at a stop sign. There were three occupants in the vehicle.

Upon approaching the vehicle, Officer F could smell the odor of marijuana. The driver of the vehicle was identified through her Drivers License. Officer F asked the driver why the vehicle had the odor of marijuana. The driver said she had smoked earlier in the evening and the odor was probably coming from her. Officer F asked the driver for consent to search the vehicle, which she said she did not mind.

Upon consent to search the vehicle, Offier S and Officer F asked the other two occupants of the vehicle to step out. The occupant in the backseat was sitting on the passenger side of the car. When Officer S asked him toe xit the vehicle, the subject immediately alerted officer S that he had a firearm on him, in a holster, in the rear waistline of his pants. Officer S recovered the firearm from the subject, then asked the subject if he would consent to a search. The subject consented to a search and was found to have a small, clear, zip bag of powder cocaine in his wallet. The cocaine was in the “bill fold” area of the wallet. The wallet was in the subject’s front left pocket.

The subject was then identified as the defendant through his Florida Drivers License. Officer F asked the defendant, “what is this?” , holding the clear plastic bag of cocaine. The defendant said “I’m not going to lie, its mine”. Officer F asked the defendant what it was, and he replied cocaine. The defendant was then placed into custody, handcuffed tot eh rear, checked for tightness, and double locked.

The defendant was transported to the police department for processing. While in the THF, Officer F read the defendant his Miranda rights. Post Miranda, the defendant admitted to getting the cocaine from a friend a few days ago. The defendant also admitted to using the cocaine earlier in the evening.

The cocaine field-tested positive as cocaine.

Based on the above, probable cause exists to charge the defendant with Possession of Cocaine.

Charges: Possession of Cocaine

Result: Possession of Cocaine – Client entered into drug court – Drug court successfully completed, Case Dismissed.


Internal Reference #10002

Facts: Sgt. K was traveling eastbound in a marked unit. He was in the right hand lane and the defendant was traveling in the same direction in the inside left lane. On three occasions, the defendant’s vehicle drove into Sgt. K’s lane of traffic causing him to swerve to avoid a collision and then she compensated back to the left into her lane. A traffic stop was conducted. Contact was made with the defendant who was the driver. She was requested to produce her license and she did. The defendant was asked to step out of the vehicle for officer safety as another individual was a passenger in the front and continued to move around causing concern for Sgt. K. As the defendant exited the vehicle, a hypodermic needle without the cap on it was located on her seat in plain view. As Officer J arrived on scene, he made contact with the passenger at the passenger door. He was observed clutching an item in his left hand and would not let go of it. He was ordered to drop the item and attempted to reach between the seats. The passenger was again ordered to drop the item and then dropped a small glass crack cocaine pipe with residue (field tested by Sgt. K) on the floor board where he was seated. He was then placed into custody. The pipe was sent to the lab for testing. On the floorboard where he was seated was also a cigarette lighter and a metal spoon, commonly used to heat crack cocaine. The spoon was also sent to the lab for testing. Contact was then made with the defendant who was asked if she was possessing any sharp objects. The defendant stated “yes” and removed a cigarette box from her blouse that contained cigarettes, another hypodermic needle and a glass Crack Cocaine pipe with residue that field tested positive by Sgt. K. All items were recovered and the needles were photographed and disposed of at the first station for biohazard purposes. Both individuals were arrested and taken to jail. The vehicle was towed and confiscated. While retrieving the items from the defendant, she voluntarily stated that she and the passenger were smoking Crack Cocaine and stated that she has a habit and was scheduled to go to Detox next week. These statements were made to Sgt. K. The defendant was also cited for failure to maintain a single lane, which was the original cause for the stop. Both defendants were transported to the main jail for further detention.

While at the main jail, Detention Deputy R, located one crack cocaine rock(field tested positive) on the person of the defendant, during a routine strip search. The cocaine rock was wrapped in tissue and hidden on the inside of the defendant’s bra.

Charges:

  • Possession Of Controlled Substance
  • Possession of Drug Paraphernalia
  • Failure To Drive In Single Lane
  • Possession Of Controlled Substance

Result:

  • Possession of Cocaine – Adjudication Withheld, 3 years drug offender probation
  • Possession Of Drug Paraphernalia – Adjudication Withheld, 6 months drug offender probation to run concurrent with count 1.
  • Fail to Drive In Single Lane – Dismissed

Internal Reference #10003

Facts : The defendant was stopped for aggressive careless driving. During Officer P’s interview with him. Officer P developed a reasonable suspicion based on visual and vehicle indicators and asked the defendant if there was personal use marijuana in the vehicle. The defendant said yes and said it was in an ashtray. Officer P searched the defendant’s vehicle and found the marijuana in the ashtray. The defendant was arrested and signed a notice to appear.

Field test for marijuana = positive

Charges: Possession of Controlled Substance (Cannabis Under 20 Grams)

Result: Possession of Controlled Substance (Cannabis Under 20 Grams) – Dismissed

All Charges Dismissed


Internal Reference #10018

Facts: On 3/30 at or about 0151 hours at a location, the defendant did commit the violation of cocaine in an amount less than 28 grams. The defendant did have in his actual possession a controlled substance, to wit: cocaine in an amount of .003 grams.

Officer H responded as a backup unit for Officer R. Upon arrival contact was made with Officer R who stated that he observed the defendant conduct what appeared to be a hand-to-hand narcotics transaction. Officer R stopped the defendant and noticed the defendant clenching his right hand. Officer R asked the defendant to reveal what was in his hand at which time he dropped what appeared to be a crack-cocaine rock. Officer R used a department issued narcotics test kit on the rock, which came back positive for the presumptive presence of cocaine. The remainder was sent to the lab for further testing. The defendant was placed under arrest and transported to the detention center for processing. A routine computer check indicated the defendant was on probation for Possession of Cocaine.

Charges: Possession of Cocaine

Process: The defendant was on probation for a previous charge of Possession of Cocaine and had prior felony criminal history.

Result: Possession of Cocaine – Adjudication, 180 days of jail with credit for 110 days of jail. Special condition: Upon completion of a 30 day SAP program, defendants jail sentence shall be terminated


Internal Reference #1023

Facts: The officers made contact with the defendant at a location in an alleyway. Upon making contact, they noticed the defendant stuff his hand in his pocket in a nervous manner. They asked the defendant what was in his pocket and he stated nothing. The officers asked permission to search his person, he then pulled out Voltex tested positive marijuana. The officers placed the defendant in custody, search incident to arrest revealed a small bag of Voltex tested positive cocaine in his right front small change pocket. The defendant was transferred to jail.

Charges:

  • Possession of Cocaine
  • Possession of Marijuana under 20 grams

Result:

  • Possession of Cocaine - Dismissed
  • Possession of Marijuana under 20 grams – Dismissed

All Charges Dismissed


Internal Reference #20256

Facts: At 1:35pm, the officer received an anonymous call of two white females loitering the area. Both females were described by the anonymous caller. The two females fitting that description were observed two blocks west of the address given. Contact was made with both females later identified as the defendant and co-defendant. The officer asked both females to sit down on the sidewalk and questioned them as to why they were in the area. As the defendant sat down, she attempted to conceal her purse behind the co-defendant. The officer asked the defendant if she had anything illegal inside her purse that he needed to know about. The defendant advised she had a needle in her purse for her diabetes. Consent was given to look inside the purse at which time the officer found a cigarette pack with a syringe and metal spoon with a white powdery substance observed on both items. Both the syringe and spoon tested positive for heroin using a sheriff’s office issued narcotics test. Also found was a metal tobacco pouch containing two blue pills, both pills were later identified as oxycodone by the poison control hot line. While placing the defendant in custody, the officer observed the co-defendant reach in her jeans pocket and remove a syringe and spoon, placing it behind the parking block where she was sitting. Both the syringe and spoon were retrieved and tested positive for heroin using a sheriff’s office issued narcotics test kit. Both females were charged accordingly and transported to the main jail for processing.

Charges:

  1. Possession of Heroin (893.13(6a)) – Maximum Penalty: 5 years in prison
  2. Possession of Oxycodone-Percocan (893.13(6a)) – Maximum Penalty: 5 years in prison
  3. Possession of drug paraphernalia (893.147(1)) – Maximum Penalty: 1 year in jail

Process: Mr. Foley contacted the state attorney and showed them the legal deficiencies in the case. He negotiated with the state, and the state then dismissed the first charge before going forward with the case. After reviewing the case more, Mr. Foley noticed there was a lack of probable cause, therefore he filed a motion to suppress. Mr. Foley also alerted the court that the second white female made a statement against interest. Based on all the forgoing information, Mr. Foley was able to convince the state to dismiss the charges.

Results:

  1. Possession of Heroin – Dismissed
  2. Possession of Oxycodone-Percocan – Nolle Prosequi (Dismissed)
  3. Possession of drug paraphernalia – Nolle Prosequi (Dismissed)

No Prison, No Jail, No Probation, Case Dismissed

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