Recent Updates
April 28, 2010
State Must Prove Defendant's Knowledge of Driver's License Suspension
April 13, 2010
Sentencing Commission Votes to Eliminate Recent Criminal History Points
October 15, 2009
Consent to search inside of vehicle does not extend to locked containers
October 14, 2009
Making phone calls to get drugs for personal use not a felony
October 07, 2009
Duval County schools agree to reduce number of students getting arrested
Fish and Wildlife Officers have to Play by the Same Rules as Police Officers
April 16, 2009
Topic: Criminal
Florida Fish and Wildlife officers have some expanded abilities to search boats and persons in order to conduct safety inspections of things such as boats, hunting firearms, fishing equipment, etc. However, the Second District Court of Appeal found that this expanded power cannot be used to stop persons in campgrounds, waterways, or State parks if there is no indication that persons are engaging in any of these activities. In the case of Amison v. State decided on April 1, 2009 the court held that it was illegal for a fish and wildlife officer to randomly stop a vehicle that was leaving a parking lot to conduct a safety inspection where the officer did not see the persons inside fishing, hunting, or doing any activity that would fall within the scope of the wildlife officer's expanded powers.
The officer arrested the two occupants of the vehicle when the officer smelled marijuana (cannabis) coming from inside the vehicle. The person pled guilty to possession of the marijuana under Chapter 893, specifically 893.13(5)(b), a first degree misdemeanor, reserving the right to appeal the denial of the suppression motion at the trial court level. The court ruled that the Fourth Amendment rights of the occupants to be free from unreasonable searches could not be overcome by the powers granted to the officers by the Legislature. Rather, the officers had to play by the same rules as all other police officers when stopping a vehicle: there must be reasonable suspicion of illegal activity to stop the vehicle. Without more, the officers had no probable cause to make the stop, and the search was illegal, the marijuana charge was dismissed.
Our attorneys are well versed in drug search and seizure issues. Our Jacksonville based criminal attorneys are led by Shawn Arnold, a Board Certified Criminal Trial Attorney. If you have drug or other search issues in State or Federal Court in Jacksonville, Gainesville, Orange Park, or anywhere in Northeast Florida, call our drug defense attorneys at (904) 731-3800 for a free consultation.
