Drug Possession

Published on: May 11, 2011

Florida Drug Arrest Lawyer :: Tampa Bay Buccaneer Arrested, Again – Alex Magee Charged with Misdemeanor Possession of Marijuana

by Whittel & Melton, LLC

Tampa Bay Bucs defensive end Alex Magee was charged with possession of marijuana Monday afternoon after being pulled over for an expired tag. During the traffic stop, police reportedly smelled marijuana coming from the interior of Magee’s 2009 Black Dodge Charger and after searching the vehicle a misdemeanor amount of field test positive marijuana was found.

Magee was charged with possession of marijuana and having an expired tag of more than six months. Magee was released with a citation due to the offense being classified as a misdemeanor.

The Duquenois-Levine test is widely used by detectives to determine if a suspected substance is a positive match for marijuana. The test is easy to administer and results are determined through chemical color reactions. An officer performs the test by placing a particle of the substance in question on a micropipette of chemicals, if the chemicals turn purple then marijuana is a possible culprit. While the tests are simple and keenly looked upon by law enforcement agents, results can return false positives which can result in unfortunate arrests.

A large number of marijuana arrests occur after a vehicle is stopped for traffic violations. Many times the officers who pull you over for traffic infractions are street cops that are not veteran law enforcement agents or narcotics detectives who have the knowledge of conducting a lawful search of your person or vehicle. How an officer finds any amount of suspected marijuana is crucial information in a drug charge because if the search was illegal, oftentimes the charges can be dropped.

Published on: May 4, 2011

Bartow, Florida Criminal Defense Attorney :: Polk County High School Teacher Tasered and Arrested for Drug Possession

by Whittel & Melton, LLC

Police pulled over a 33-year-old high school teacher Monday for a traffic stop shortly before 11 a.m. and observed a plastic bag in his mouth after talking to him. The man allegedly refused to cooperate with police by showing them what was in his mouth so he was shot with a Taser stun gun, which supposedly caused him to spit out five individual bags containing marijuana, the weight totaling 4.7 grams.

The man is an 11th and 12th grade teacher at Bartow High School, assigned to teach International Baccalaureate and Advanced Placement students. He was on probation for reckless driving involving alcohol and is now charged with possession of marijuana, violation of probation, and resisting an officer without force or violence.

A conviction for any drug-related offense, such as possession of marijuana, will result in an immediate and automatic two year suspension of your Florida driver’s license. This is done regardless of whether your arrest was driving-related. Also known as weed, cannabis or pot, marijuana possession of any amount in Florida is a crime resulting in misdemeanor or felony charges. Marijuana possession of less than 20 grams, equivalent to one ounce, is a first degree misdemeanor. Possession of anything more than 20 grams is a third degree felony.

A conviction for a misdemeanor possession charge carries a combination of penalties of one year in jail, one year probation or a fine up to $1,000. If convicted of a felony possession of marijuana, the crime is punishable by up to five years in prison, five years probation or a fine up to $5,000.

Published on: April 5, 2011

Gainesville, Florida Criminal Defense Lawyer :: NFL Wide Receiver for the Oakland Raiders Arrested in Alachua County

by Whittel & Melton, LLC

Gainesville Police arrested a former University of Florida football player, Louis Morris Murphy Jr., Sunday morning for three misdemeanors. He was charged with possession of a drug without a valid prescription, failure to obey a police officer and resisting arrest without violence.

Murphy, currently a wide receiver for the Oakland Raiders, was taken into custody just after midnight.

A Gainesville police officer said he saw Murphy’s Cadillac Escalade blasting music and told him to pull over. Murphy allegedly continued driving to a city parking lot, exited the SUV with his passengers and walked away.

The officer flashed his lights and demanded Murphy to stop and identify himself. According to the Gainesville Sun, Murphy refused to show identification and insisted on finding out why he was stopped. After Murphy continuously failed to produce his ID, three officers had to place handcuffs on the 6-foot-2-inch, 180-pound NFL player because he refused to put his hands behind his back.

Officers said that Murphy consented to a search of his vehicle where an alleged non-labeled prescription bottle was found with 11 pills inside, later identified as Viagra. Murphy supposedly could not show a valid prescription for the bottle and claimed to have peeled the label off because he did not want his girlfriend to see it.

This is Murphy’s second arrest in Gainesville. He was arrested in 2006 for possession of less than 20 grams of marijuana. He accepted a plea deal and no jail time was served.

For the drug charge Murphy faces, a defense does exist. It is clearly identified in Florida Statute 893.13. If Murphy’s alleged statement to police about the prescription for Viagra being valid is true, a follow-up with his doctor could clear his charge of possession of a drug without a valid prescription. The statute says that a legitimate prescription for a medication that requires a prescription will undo a charge related to that medication. If Murphy lawfully obtained a prescription for Viagra, past or present, the drug charges could be dropped.

If Murphy’s claims prove false, he could be facing harsh consequences such as a two year driver’s license suspension, civil forfeiture and jail time.

Published on: February 28, 2011

Clermont, FL Criminal Lawyer :: Five Children Removed from Drug House in Clermont

by Whittel & Melton, LLC

A man and woman allegedly connected to a Clermont home where five small children resided and had access to illegal drugs were charged by Lake County narcotics detectives and Clermont police.

The 42-year-old man and 23-year-old woman were both charged with five counts of aggravated child abuse and cocaine and marijuana possession Friday morning after police executed a warrant at their Clermont home.

According to detectives, multiple bags of cocaine pre-packaged for sale were found in the master bedroom where the small children ranging in age from two to nine years old could easily reach them.

A Sherriff’s Office spokesman said that the drug bust recovered $2,200 worth of cocaine and marijuana and other drug paraphernalia.

The same Sherriff’s Office spokesman said that deputies turned the children over to their grandmother who lived nearby and notified the Department of Children and Families.

Although often considered to be one of the more minor drug crimes in Florida, drug possession can still result in a felony charge, with a minimum sentence of one year in state prison. In fact, a person can be accused not only of drug possession but of possession of known substances for the purpose of manufacturing drugs.

The most common key focus of any drug case is search and seizure law. Under Florida law, police must follow proper protocol during their investigation of any drug case. It is essential to have a veteran team of lawyers to interpret search warrants as well as search and seizure rules to guarantee your rights are protected. A breach of these rights can give you grounds to file a motion to suppress any evidence the police obtained. Occasionally small pieces of original evidence can lead to a search of your person or property.

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.