Drug Crimes

Published on: October 19, 2009

Driver faces criminal DUI charges in Weeki Wachee bus crash

by Whittel & Melton, LLC

TampaBay.com is reporting that last Tuesday’s Weeki Wachee crash that involved a head-on collision between a car and a school bus may result in a DUI charge.

According to the Florida Highway Patrol, Michelle R. Sutton of Spring Hill was allegedly driving a Toyota coupe at a high rate of speed– weaving in and out of the westbound lane of County Road 550 — before ultimately colliding head first into the school bus. The bus was carrying about 30 students from Spring Hill’s Westside Elementary at the time of the crash. Sutton was seriously injured in the DUI crash and was taken to Oak Hill Hospital where an ER nurse allegedly found a plastic bag containing about 18 grams of marijuana in Ms. Sutton’s shorts pocket.

Because she was being admitted to the hospital, the deputy gave Ms. Sutton a citation and notice to appear in court next month for possession of marijuana instead of arresting her–but the Hernando County State Attorney’s Office has 90 days to file a misdemeanor DUI or 180 days to file a felony DUI with Serious Bodily Injury case, if they choose.

This presents an interesting issue from a constitutional law perspective. Since a nurse–and not law enforcement–found the marijuana on Ms. Sutton, she does not have the same constitutional protections from unlawful searches and seizures as she would if the police had found it at the scene of the accident. Generally under Florida law, the trigger for a constitutional law violation that can result in evidence being suppressed is that some government entity was involved in the seizure. In this case, Ms. Sutton told the nurse she was wearing her boyfriend’s shorts and didn’t know about the drugs in the pocket. Regardless, to sustain a conviction, the burden will still be on the State to prove that Ms. Sutton was under the influence of drugs and/or alcohol to the extent that her normal faculties were impaired.

Published on: September 18, 2009

Confidential source outs man for operating a Hernando County marijuana grow house

by Whittel & Melton, LLC

According to tampabay.com, 42-year-old Ridge Manor man has been arrested for allegedly growing about 50 marijuana plants inside the mobile home parked behind his residence. Last week, Hernando County law enforcement received a tip from a confidential informant who told them about the mobile home operation and when police arrived at the home, they found the marijuana plants, light fixtures, several ballasts and a carbon filter–all which are instruments commonly used to grow marijuana.
The man was charged with cultivating marijuana and public nuisance and bail has been set at $15,000.

Last year, Governor Christ signed into law the “2009->Ch0893->Section%2013#0893.13″target=blank”>Marijuana Grow House Eradication Act” which gives law enforcement and prosecutors more power to combat those who grow marijuana. The law now makes it a second-degree felony to grow 25 or more plants. In the past, a person had to have more than 300 plants to reach the level of a second degree felony. A second degree felony can be punished by up to fifteen (15) years in prison–this is why it is very important to have an experienced criminal defense attorney on your side to fight for your rights and hold law enforcement to their burden of proof.

Published on: May 25, 2009

Clearwater Drug Crimes Defense Attorney News Update : Bubba Sparxxx Charged by Clearwater Police for Possession

by Whittel & Melton, LLC

Reports indicate that the musician/rapper was spotted by an off-duty Clearwater Police Department Officer who noticed Sparxxx engage in a hand to hand transaction at a local Hooter’s restaurant.

Apparently, the Officer confronted Mr. Sparxxx and allegedly asked for permission to search his wallet. The report indicates that the rapper agreed to the warrantless search and Tanxene was found in his wallet. He was later charged with one count of Felony Drug Possession and posted a $2,000 bail.

Mr. Sparxxx alleged consent to be searched is important because at that time the officer was probably at most only allowed to do a pat-down for safety and a check for weapons under Florida law. Obviously, no weapons can be stored in a wallet, so any search of the wallet could later be suppressed or hopefully if everyone is following the law, never take place. Nevertheless, the State’s version in this case appears to be that Mr. Sparxxx gave consent to be searched.

Drug possession cases are complex and an experienced Pinellas County drug possession lawyer is needed to go over consent issues, possession and knowledge issues as well as warrantless search procedures by the Officers in this or any matter. In Florida, except for Marijuana, all possession cases are charged at least as a Third Degree Felony, which is punishable up to five (5) years State Prison.

Published on: April 6, 2009

Pasco County Criminal Lawyer News Update: Dade City, Florida Judge to be Overruled by Appellate Court on Search Issue – Case to be Dismissed

by Whittel & Melton, LLC

A Dade City man charged and previously convicted of possession of marijuana over 20 grams, was given a second chance by the 2nd District Court of Appeals. As a result of the Second DCA’s ruling, the trial court’s denial of the defense’s Motion to Suppress filed to suppress all of the evidence collected (marijuana) as a result of an unlawful search will be reversed and the man’s case will now be dismissed. Amison, Jr. v. State, 2009 WL 839031 (Fla.App. 2 Dist.)

By way of background, a Florida Fish and Wildlife Officer in April of 2007 noticed a pickup truck backing out from a river bank. The officer activated his lights and stopped the vehicle for “a resource inspection.” According to testimony taken at the suppression hearing, the arresting officer was he smelled marijuana coming from the vehicle. Then, for officer safety both the driver and passenger were handcuffed and searched. After being handcuffed, they admitted to smoking a joint earlier and the vehicle was searched. The search of the truck resulted in the marijuana over 20 grams. This charge is a third degree felony punishable up to five years Florida state prison.

The 2nd DCA overruled the Judge stating that there is no extra exception afforded to Florida Fish and Wildlife for “resource inspections”. The court also explained that the officer still needed the normal “reasonable suspicion” to make such a stop and that all of the evidence should have been suppressed as fruit of an unlawful stop.

The interesting part of the case is that the Pasco County State Attorney’s Office at the trial court level supported their arguments with caselaw out of the Federal Court from the Northern District of Florida which is somewhat atypical–most attorneys would argue that the fact that the prosecution only had federal caselaw to support their position exemplifies the weakness of their case. The Florida’s Second District Court of Appeal agreed and found that those opinions aren’t binding. In fact, it appears that even the State’s appellate attorney abandoned the use of that case in writing the response to the appeal.

Published on: January 5, 2009

Ocala, Florida drug possession arrest stems from traffic stop

by Whittel & Melton, LLC

An 18-year-old man stopped by a sheriff’s deputy on Thursday night for having a suspended driver’s license, was arrested for driving on a suspended license and drug possession after a search of the vehicle uncovered more than 100 grams of marijuana. The Ocala Star-Banner reports that a Marion County Deputy saw a black Chrysler heading west on County Road 464 and ran the tag, which showed the registered owner had a suspended driver’s license.

After pulling over the car, the deputy detected a strong marijuana odor coming from the car. Deputy found 110 grams of marijuana in a gallon-sized baggie in the glove box as well as another baggie that contained less than a gram of marijuana. The center console had several small baggies in different sizes. The suspect told deputies that he intended to smoke a portion of the marijuana, and sell the rest.

Published on: December 10, 2008

Brooksville woman charged with drug possession

by Whittel & Melton, LLC

Hernando Today is reporting that a Brooksville woman faces felony drug charges in relation to a traffic stop Sunday evening.

Police reports allege that deputies pulled over a red Saturn after receiving a report from detectives that there could be drugs in the car. After the stop, police found 3.5 grams of methamphetamine in several small plastic baggies, as well as marijuana.

As a result the driver, Vikki Sue Coleman, was charged with felony possession of methamphetamine as well with possession of marijuana and possession of paraphernalia. Coleman allegedly told a deputy she had been selling the drug for the last three weeks because she needed the money.

Published on: August 27, 2008

Chief Middle District of Florida U.S. District Court Federal Judge Releases Inmate for Help in Sumter County Prison Drug Conspiracy

by Whittel & Melton, LLC

Sumter County’s only Federal Prison, Coleman Federal Correctional Complex, and only one of two Correctional Complexes in the South East United States, was also home to a conspiracy of five corrupt guards and other civilian workers who, according to reports, were paid to facilitate and bring in contraband into the facility. This prison scheme was unearthed in large part by the work of an inmate.

The inmate, and former cocaine dealer, additionally helped dismantle a sixteen person marijuana syndicate and draw attention to an eleven member prison-gang who distributed heroin. At the time of the hearing, the convicted drug trafficker, had served nineteen (19) years in Federal Prison.

For the work of this inmate, Chief U.S. District Judge Elizabeth A. Kovachevich, converted two consecutive life sentences to “Time Served”. A Motion to Modify or Correct Sentence can be brought on behalf of defendants in rare situations. But in cases like this one, if properly argued and for a great reason, a judge is always able to modify the terms and conditions of their sentence.