Legal Question in Criminal Law in Florida

I was arrested for Marijuana Possession-Misdemeanor.

I do not have a paid lawyer and was hoping to approach my public defender with this question: The cops were initially called to my residence for arguing with my girlfriend, when they got there, marijuana was in plain view and I was arrested for possession, is there anything that says that if the cops were called for one reason they can't really interfere with any other part of my place?


Asked on 11/03/09, 10:27 am

2 Answers from Attorneys

Sarah Grosse Sarah Grosse, Esquire

No, if an illegal drug was in plain view, the police can arrest you for it. You should still discuss the details with your public defender, as there may be more to the story which s/he can use in defending you.

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Answered on 11/08/09, 10:40 am
Don Waggoner Don Waggoner Law, P.A.

You are busted, dude. Assuming the cops were in your home lawfully, they are not required to ignore evidence of a crime that is in plain view. Still, you should discuss this with your attorney.

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Answered on 11/08/09, 11:44 am


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