Legal Question in Criminal Law in Florida

Last sunday I went into a Publix grocery store, purchased a sandwich and drink, walked outside to a sitting area, ate my food, had a cigarette and was just relaxing. Shortly after, an officer drives up quickly and tells me to put my hands on the hood of the car. I tried to inquire as to the nature of this and was told they caught me on video shoplifting. I told him I hadn't stolen anything and had the reciept to prove it. Without my permission, he proceeded to search me, finding the reciept as well as a small amount of marijuana in my pocket. After verifying the time and register on the reciept as well as the video footage of my tour through the store I was not charged with shoplifting, however I was still charged with possesion of marijuana under 20 grams, given a citation and told I would recieve a court date in the mail. My question is did the officer have the right to frisk and search me in the first place when I had done nothing more than my lunch.


Asked on 5/25/10, 1:13 pm

1 Answer from Attorneys
Craig Epifanio Craig Epifanio, P.A.

No he ultimately didn't have the right to search you but it could be that your actions, even innocent ones, may have given rise to probable cause to search and/or arrest you. The only way you are going to make the marijuana charge go away is to hire an attorney to do a motion to suppress the evidence. This is not something to take on alone. Get an attorney today.

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Answered on 5/25/10, 8:17 pm


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