Legal Question in Criminal Law in Florida

Basis for a search warrant

What is your opinion of the validity of this statement. It is part of a warrant to search a residence.

"Based on my training and experience, I believe the marijuana in Jones's vehicle had just been cut off a large block of marijuana because it appeared pressed together and jagged around the edges. This leads me to believe that Jones had recently cut the seized marijuana from a block at the residence to be searched because he had just left that residence".

Does this mean one can affix a date, time, and place of origin based on the appearance of a piece of marijuana? I maintain that a piece of marijuana would look the same months after it was cut. Also it could have come from any place the person stoped in the last month or more. What do you think?

Thanks in advance

Thanks in advance


Asked on 6/17/00, 8:29 am

1 Answer from Attorneys
Steven Casanova Steven G. Casanova, P.A.

Re: Basis for a search warrant

The basis for a search warrant must be a reasonable belief that probable cause exists to support an intrusion into a home. This PC is weighed by the judge, a neutral magistrate, who can determine whether the police have a good faith basis, and that the evidence that they are bringing foward to the judge has merit, and the source is one that can be trusted. Suppositions made by the police are thusly weighed by the court. The statements of the "cutting" by this officer are indeed suspect, and if these are the ONLY reasons why the warrant was issued then a motion to suppress all evidence gathered as a result of an illegal search should be made. Chances are there are other reasons why a judge would grant the search warrant...

IF you need any more info I would be glad to help, but because of the nature of this question I would suggest that you call me rather than discuss this over the internet. GOOD LUCK !

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Answered on 8/16/00, 11:34 am


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