Because the arrest just occurred, I was not able to get a copy of the actual police report, but there appears to be some issues with this search and whether it was lawful. A search can be conducted if someone consents to the search. You have a constitutional right to NOT give consent to search to law enforcement. If no consent was given in this case, law enforcement needs some other legal reason to be able to search the home.
Normally, the odor of marijuana will give an officer probable cause to search a person or their vehicle under Florida case law. However, a person’s home is subject to greater protection that a person or vehicle out in public. To search a person’s home, law enforcement must obtain a warrant to search unless there is an exception to the warrant requirement. These exceptions are listed in the statute. The exception most likely to be relied upon by the deputies in this case is exigent circumstances meaning that if the deputies did not search immediately, there was a possibility the evidence (cannabis) could be destroyed (flush down the toilet). However, just because that may be possible, does not automatically qualify a situation as “exigent circumstances”. This is because the police may be required to secure the premises and the individual while the police secure a warrant.
Without seeing the police report, it is difficult to tell whether this teacher’s constitutional rights were violated, but it appears there may be a Motion to Suppress that could be filed in this case requesting the court throw out the evidence of the search because the deputies did not obtain a warrant prior to the search making it an illegal/unconstitutional search. If the search was illegal, the motion would be granted, the evidence seized thrown out of court, and the case dismissed.
If you have been arrested for a drug charge or any other criminal offense, call a member of the Florida and National Association of Criminal Defense Lawyers to fight for you in court!
Polk County Criminal Defense Lawyer Thomas C. Grajek – 863-838-5549 cell
NCDD
Due to the increased focus on human trafficking throughout the country, the sting was conducted to search for more victims of human trafficking. Recently, we have seen numerous arrests for human trafficking at major events like the Super Bowl. Most of these arrests come from ads on Backpage.com that is actually posted by the sheriff’s office. Once the person arrives at the location, usually a hotel or a house law enforcement has rented to conduct the sting, the individual is arrested after allegedly committing an act of prostitution. However, I have seen cases where people were arrested even though they DID NOT commit and act of prostitution. Sometimes, law enforcement jumps the gun with arrests because so many people are showing up, that they need to clear out the room for the next person and arrest the individual before any crime is committed. Often, people go for legitimate and legal purposes, such as an escort service. Entrapment can also be a defense in these cases.
If you have been arrested for prostitution, solicitation of a lewd act, or for living off the proceeds of prostitution (being a pimp) call and speak to an experienced Polk County criminal defense attorney about your case today. Your reputation depends on it and you may be eligible to seal or expunge your arrest which will remove your mugshot from the Polk County Sheriff’s webpage.
Call an attorney who has been featured in Newsweek’s Daily Beast regarding prostitution crimes.
Thomas C. Grajek
FREE CONSULTATION – 863-688-4606
In Florida, a person is guilty of DUI if they are driving a “vehicle” while impaired. Notice that “motor vehicle” is not used in this statute. The definition of a “vehicle” determines whether or not a bicycle would qualify for a DUI, which is:
“Vehicle’’ is every device, in, upon or by which any person or property is, or may be, transported or drawn upon a highway, except devices used exclusively upon stationary rails or tracks. Florida Standard Jury Instructions 28.1. Florida courts have also held that a bicycle qualifies for a DUI. State v. Howard, 510 So.2d 612, (Fla. 3d DCA 1987). This person could be charged with DUI.
Whether or not the prosecutor can prove was guilty beyond a reasonable doubt, and whether the DUI investigation was conducted properly by the police is a question for the court and jury.
How weak is this “DUI case? It’s only a bike and more importantly, he had a breath test level of 0.04!!! At that level a driver, or in this case a bicyclist, is PRESUMED NOT IMPAIRED under the law!!! The DUI officer allegedly requested a urine sample, but what many officers do not realize is that just because someone blows under the legal limit, does not mean the officer can request a urine sample to determine the presence of drugs or a controlled substance. From the police report it does not appear that a Drug Recognition Officer (DRE) was called in to conduct a Drug Influence Evaluation (DIE) in this DUI case. That means that the Polk deputies did not do a complete and thorough investigation and did not even try and develop probable cause that the guy on the bicycle was under the influence of drugs.
Just because a driver blows under 0.08 does not mean that he must be under the influence of “something.” Usually, it means the DUI officer made a mistake and a wrongful arrest. I find many times officers that do not know how to properly conduct a DUI investigation and the field sobriety exercises according to the NHTSA manual. These mistakes lead to people wrongly being arrested for and accused of DUI!
If you have been arrested for DUI, call an attorney that knows the DUI laws and how a DUI investigation should be properly conducted. If you’re looking for a fighter, call me!
DON‘T HESITATE!!! PROTECT YOUR RIGHTS!!!
CALL POLK COUNTY DUI ATTORNEY THOMAS C. GRAJEK NOW !!!
863-838-5549 cell
Because you only have 10 days to request a Formal Review!
The post Polk County Sheriff deputy arrests man for DUI for riding a bicycle with only a 0.04 BREATH TEST LEVEL!!! first appeared on SEONewsWire.net.]]>http://www.theledger.com/article/20130716/NEWS/130719456?tc=cr
That means that the prosecutor’s office will no longer accept testimony from Sgt. Raymond Lloyd and Officer David Edds. These were the officers on my LPD case a few weeks ago where I brought out the problems with the DUI reports and how the police reports were sworn to under oath. Usually, that means that the State Attorney’s office will not go forward with any cases in which these officers are the sole officer giving testimony. For some individuals, that may mean criminal charges are dropped against them if the testimony is critical to the case.
The investigation is still ongoing. Hopefully, the thorough job the State Attorney’s office is doing will result in restoring the public’s confidence in the Lakeland Police Department.
In addition, two deputies with the Polk County Sheriff’s Office were also fired today based upon their misconduct.
If you have been arrested and are looking for an attorney to stand up and fight for you in court call me!
THOMAS C. GRAJEK, POLK COUNTY CRIMINAL ATTORNEY
CALL NOW 863-688-4606
The post Polk County State Attorney Jerry Hill issues "no confidence" letter for two LPD officers. first appeared on SEONewsWire.net.]]>A motion for Judgment of Acquittal is a request for the judge to dismiss the charges because the prosecutor failed to put forth sufficient evidence to prove a prima facie case. That means the prosecutor has to put on evidence of each element of the alleged crime. In an Improper Exhibition of Firearm case the elements are:
- The accused carried a gun,
- The defendant exhibited the gun in a rude, careless, angry, or threatening manner, and
- did so in the presence of one or more persons.
These are very difficult motions to win because when looking at the evidence the court must make all inferences in favor of the prosecutor. They are terrific wins because if you can get the criminal court to grant the Motion for J.O.A., the charge is dismissed and the jury does not even deliberate. In this case the Motion for J.O.A. was granted, my client was acquitted, the charge was dismissed, and we went home early because the jury was dismissed without the need to deliberate the case and reach a verdict.
If you are charged with Improper Exhibition or any gun or Firearm charge in Polk County, call Thomas C. Grajek and experienced trial attorney today.
DON’T HESITATE!!! CALL NOW!!!
Thomas C. Grajek 863-789-6404 cell
Case 2012-MM-014408-BA tried and dismissed May 14, 2013
The post Improper Exhibition of a Firearm charge DISMISSED at JURY TRIAL first appeared on SEONewsWire.net.]]>