Tampa Criminal Attorney

 

drug paraphernalia possession: voluntary consent not given

drug paraphernalia possession: voluntary consent not given

A drug possession and drug paraphernalia charge is sometimes built on the testimony of the police. Sometimes that testimony can erode the credibility of the evidence they collect.

Fabricated scenarios are a common tool that Florida law enforcement use to obtain evidence. Sometimes those scenarios border on the absurd, as it did in the case of the State v. Bartling. As reported by Alex D Ruskell, the police will stretch the notion of informed consent further than any reasonable person would accept:

Without obtaining a warrant or conducting any surveillance of the apartment, Deputy Castanado and Detective Lopez went to Bartling's apartment and told him that the police had received an anonymous tip that someone was dragging a dead body in a rug outside his apartment. The officers continued their search and opened a cigarette pack, which was in a kitchen cupboard, and found evidence of cocaine and drug paraphernalia.

This case would be hard to believe under almost any circumstances. Be that as it may, the absurdity of the dead body scenario highlights an important problem with many drug possession and drug paraphernalia criminal cases: inexperienced citizens who give their consent to the police. Without that consent, the search can not happen.

How consent worked in a drug possession case in Tampa

While the dead body scenario shows how far the police will bend the rules for collecting evidence. Will regularly sees the issue of consent recurring in many of his .

Analyzing Florida’s Drug Paraphernalia Laws

Tampa police officers routinely add additional charges to a felony drug possession charge. Anyone under investigation or charged with felony possession of cocaine, marijuana, or any other illicit drug will probably also receive a possession of drug paraphernalia. You should know what Florida law considers drug paraphernalia because the Tampa prosecutor could use the additional charges to substantiate a felony drug possession case against you.

Florida’s Drug Laws And Drug Enforcement (Dea)

The Drug Enforcement Administration’s (DEA) has defined what many states consider drug paraphernalia. Florida is no different. The DEA divides these products into two categories: user–specific products and dealer–specific products.

Drug Paraphernalia user–specific products
[Devices] marketed to drug users to assist them in taking or concealing illegal drugs. These products include certain pipes, smoking masks, bongs, cocaine freebase kits, marijuana grow kits, roach clips, and items such as hollowed–out cosmetic cases or fake pagers used to conceal illegal drugs.
Drug Paraphernalia dealer–specific products
[Devices] used by drug traffickers for preparing illegal drugs for distribution at the street level. Items such as scales, vials, and baggies fall into this category. Drug paraphernalia does not include any items such as pipes and rolling papers traditionally used with tobacco.

Felony Drug Possession and Circumstantial Evidence

With the help of the experienced drug possession attorney in Tampa, you will have legal representation which knows all of the circumstantial evidence which the prosecutor will use against you. The Florida Defense Group knows how to challenge that evidence. Their case results show it.

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