Legal Question in Criminal Law in Florida
I am being charged with possession of Marijuana paraphernalia in Miramar, Florida.
I was at the park with two of my friends when 3 police officers parked at the park and approached us and asked us to come off the landing we were standing on. We came down and they said they smelled marijuana and wanted to know where we hid it. We had been smoking marijuana, but had finished before they had even come to the park. They then asked us to empty out our pockets and we did. There was nothing in my pockets which seemed suspicious, other than my lighter, which i use for smoking cigarettes as i am 19 and of legal age. The officers then searched the area and discovered a roach in the sand near where we were hanging out. Without asking for permission to search my vehicle, Officer A told me "give me your keys." I handed them over to him, trying to be as cooperative as possible. I did not think he would search my car, because we were in the park no where near the car and they had no idea i owned a car until they saw my keys, meaning there was no connection between the car and the crime other than the fact i had the keys to it. He then proceeded to search my car and discovered two gram bags of marijuana, two marijuana pipes and a grinder in the car. Officers B and C were asking us about the roach and we denied that it was ours. Officer A returned from my vehicle, and asked me to come with him. He showed me the items and asked who's they were, at which point i denied knowledge of the owner. They continued to question me and my friends about the items, sometimes as a group and sometimes separating us to ask us about them individually. One of my friends claimed the 2 bags of marijuana, while me and my other friend continued to deny ownership of the pipes. I was then separated and asked if the pipes were mine. I denied ownership, and was subsinquently handcuffed. I was told my car would be towed and i would be taken to jail since i continued to lie. I was seated on a bench on the other side of the park while the officers spoke with my friends. Officer B then approached me and told me "I have taken a liking to you. I know these pipes are yours. Your friend told me the weed is his and the girl told me they are not hers. If i arrest you, they are going to tow your car which is gonna cost you money, i am going to take you to jail, and you are going to be charged with 'contributing to the delinquency of a minor', 'possession of marijuana', possession of marijuana paraphernalia', and 'obstruction of justice'. But if you just tell me the truth, you would probably just get a ticket and be on your way." So i admitted that the pipes were mine, and they left me on the bench and continued to speak with my friends. They then allowed my friend who claimed the marijuana to leave, without a citation. They then allowed my other friend to leave as well, without a citation. Officer B and C came over, and told me to stand. They then uncuffed me and ask me to sign a NTA. It stated i was being charged with possession of marijuana paraphernalia.
My question is, since we were not in proximity to my car giving no link to the car other than the keys in my pocket and I did not give permission for my car to be searched, is this not an illegal search and the evidence obtained for it subject to suppression, leading the case to be dismissed? I have 2 eyewitnesses whom were there and will collaborate the fact that No permission was obtained to search the vehicle.
1 Answer from Attorneys
You have multiple reasons to get these charges dismissed. Being that you were not arrested
And there is no evidence showing that the roach belonged to you he had no reason
To go into your car. Your giving of the keys was just yielding to authority and can be
Argued as involuntary and coeced. I have just argued a case similar to this and there is
New supreme court cases supporting our side. You also have the issues of their failure
To properly Mirandize you prior to asking you questions. Please give my office a call, I would
Like to see the arrest report and see if any other issues are present. All My Best,
Joe Vredevelt, 305.670.3119.
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