by Matt WilliamsIt’s 420! Can the Police Still Take Me to Jail in Florida for Weed?
Yes, marijuana is still illegal in Florida and the police can still take you to jail for possessing flower, wax, crumble, RSO, tinctures, edibles or THC oil. Most jurisdictions in Florida have started handing out citations for possession of less than 20 grams of flower, but the police in Florida will charge you with a third-degree Felony if you are caught with any concentrates, edibles or oils. Here are some things you should consider if you’re celebrating 420 this year.
- Possession of less than 20 grams of marijuana in Florida is still a misdemeanor and possession of more than 20 grams of marijuana is a third-degree Felony.
- If you are caught with edibles, concentrates, or any form of THC other than flower then you can be charged with a third-degree felony also, even if you have less than 20 grams.
- If you have your medical marijuana card then you can legally possess up to 2.5 ounces of marijuana at a time. You can also legally possess THC in any form. That means you can have edibles, concentrates and oils as long as you have your medical marijuana card.
- If you have your medical marijuana card then you can consume medical marijuana on private property, but you are not allowed to consume medical marijuana in a vehicle, in a boat or on public property, so plan accordingly.
- If you have a medical marijuana card then you can still be arrested for DUI, so if you are pulled over then you should never tell an officer that you just finished smoking or consuming marijuana.
- If you have a medical marijuana card then your probation officer cannot violate you for smoking marijuana.
- If you have a medical marijuana card you can still get your concealed weapons license in Florida.
- Your employer can still drug test you and fire you for testing positive for marijuana, even if you have your medical marijuana card.
- If you do not have a medical marijuana card from Florida then you cannot use your medical marijuana card from another state to purchase or possess marijuana in Florida.
- Never keep your marijuana in plain view. If you don’t have a medical marijuana card and an officer sees a joint in your car, then the officer will have probable cause to search everywhere, so make sure you put your weed away before you get on the road.
Enjoy 420, but if an officer stops you, searches you or takes you to jail for possession of marijuana, then you need to call a lawyer. Regardless of the situation, you need an experienced attorney to review your case, determine if the stop was legal and fight for your rights after your arrest.
There are many more benefits to hiring an attorney if you were arrested, and it’s important for you to choose the right attorney. Matthew Williams and the Law Office of Matthew Williams focus primarily on criminal defense matters in North Florida, and he’s been handling cases involving illegal traffic stops, possession of marijuana, and interactions with the drug task force his entire career. Attorney Williams treats his clients like family because he knows what they are dealing with is always more than just a case, and he refuses to let law enforcement, state attorneys, or the criminal justice system stand in the way of getting his clients the justice they deserve. He obtains the best results for his clients and he’ll do the same for you. Give the Law Office of Matthew Williams a call now.
by Matt WilliamsCan the Police Make Me Get Out of the Car During a Traffic Stop?
Yes, the police can order a driver to get out of the vehicle during a traffic stop. The police can make passengers get out of the vehicle as well. While you should always speak to a lawyer about your specific case, it is generally legal for a police officer to order someone out of a vehicle during a traffic stop for officer safety purposes.
Police can conduct a traffic stop on a vehicle if the police officer observes any occupant of the vehicle commit a traffic violation. That means an officer can initiate a traffic stop if the driver is caught speeding, running a stop sign or running a red light, but it also means the officer can initiate a traffic stop if the officer sees a passenger not wearing a seatbelt or drinking a beer in the car. The officer can lawfully conduct the traffic stop in any one of those situations because the traffic stop is based on a reasonable suspicion that the driver or passenger committed a traffic violation. Once the traffic stop is initiated, the police officer ca speak to the driver or passenger and write a ticket, but the officer is only permitted to keep the driver and/or passenger detained as long as it takes to write the citation for the traffic violation. The officer is not allowed to prolong the traffic stop for any reason (oftentimes, law enforcement officers will delay a traffic stop to allow time for a K9 officer to arrive on scene).
One tactic that the police can use to prolong the stop is ordering you to get out of the car. A police officer can legally order any occupant of a vehicle to get out of the car during a lawful traffic stop, even if the traffic stop was based on a minor offense. Oftentimes, there are more occupants of a vehicle than there are officers on scene at the time of a traffic stop. There are also many situations where officers can’t see into a vehicle because of a lack of windows, tinted windows or other factors. Courts have held that an officer can order an occupant(s) out of a vehicle during a traffic stop to prevent the officer from being in a situation where they can’t see all of the occupants during the stop. In that situation, the officer can order the occupants out of the vehicle and the officer can detain the individuals on the side of the road for the duration of a traffic stop. Even if there is only one person in the car, the officer can require that one person to get out of the car if the officer feels it is necessary for his or her safety, and the officer doesn’t have to explain why he or she felt unsafe. While being detained on the side of the road is embarrassing, demeaning and frustrating, police officers are legally allowed to order you out of the car during a lawful traffic stop.
That being said, there are some situations where it would be unreasonable to order an occupant out of the car. For instance, if an occupant is disabled, or if there are minor children in the car, then it may not be reasonable to require the minor child to get out of the car, but such an order would not be illegal. There are also situations where it wouldn’t be appropriate to order someone out of the car because it is against department policy, so it’s important for you to speak to a lawyer about your case to determine whether or not you were lawfully ordered out of the car.
If you were pulled over and removed from your car during a traffic stop then you should contact a lawyer to go over your case. Law enforcement is generally allowed to make someone get out of the car during a lawful traffic stop, but even if you think the traffic stop was lawful you may be wrong. In fact, law enforcement officers are allowed to mislead you and may not have been honest when they told you why you were pulled over, so contacting a lawyer is always in your best interest.
If an officer pulled you over and ordered you out of the car, then your constitutional rights may have been violated. Regardless of the situation, you need an experienced attorney to file pleadings with the appropriate court attacking the legality of the traffic stop and fighting to get a copy of all dash camera and body camera footage. There are many more benefits to hiring an attorney if you feel your rights have been violated, and it’s important for you to choose the right attorney. Matthew Williams and the Law Office of Matthew Williams focus primarily on criminal defense matters in North Florida, and he’s been handling cases involving illegal traffic stops his entire career. Attorney Williams treats his clients like family because he knows what they are dealing with is always more than just a case, and he refuses to let law enforcement, state attorneys, or the criminal justice system stand in the way of getting his clients the justice they deserve. He obtains the best results for his clients and he’ll do the same for you. Give the Law Office of Matthew Williams a call now.
by Matt WilliamsCan the Police Look Through My Cell Phone or Search My Cell Phone Without a Warrant?
No, law enforcement cannot search your cell phone without a warrant or probable cause. That being said, there are a number of legal exceptions that will allow law enforcement to search your cell phone without a warrant. Given the fact that your cell phone most likely contains all of your personal information, private photos, and other details of your life, you need to know how to exercise your rights when law enforcement attempts to look through your cell phone.
Everyone has a Fourth Amendment right to be free from unreasonable searches. That means that law enforcement cannot search you or your personal belongings without a warrant (there are some people such as inmates, school children or people crossing the border who do not have the full protection of the Fourth Amendment and can be searched without a warrant). That also means that the Fourth Amendment applies to your cell phone, even if you are pulled over, arrested or otherwise being investigated by law enforcement. No matter what the situation is, law enforcement has to have probable cause or a warrant to search your cell phone.
In most situations, law enforcement will not have probable cause to go through your phone so they will ask you for your consent to search your phone. If you ever find yourself in a situation where law enforcement is asking to search your phone then you should ALWAYS say no. Beyond the fact that you have a right to not have a police officer look through your phone, your phone may contain passwords, bank account info or private photos that you do not want to share with law enforcement. It’s important for you to remember that refusing a search cannot be held against you at all, so don’t let the officer talk you into consenting to the search. Regardless of the circumstances, you should never give an officer consent to search your cell phone.
In some situations, law enforcement will have probable cause to seize your cell phone, which they will do on scene, and then they will apply for a search warrant to search your cell phone at a later time. Oftentimes, this happens during a traffic stop. For example, if an officer pulls someone over and finds drugs, baggies and a scale in the vehicle, then law enforcement will have probable cause to believe the person is selling drugs. In this situation, the officer can seize the person’s cell phone based on the probable cause that the driver is selling drugs, and then the officer can apply for a search warrant to search the phone for evidence of drug sales. In most cases, the officer will look through photos and text messages on the phone to determine if there is evidence of drug sales on the phone. In this situation, the driver will not be able stop the officer from seizing their phone because the officer developed probable cause based on what was found in the car.
Law enforcement can also seize or search a phone without a warrant if there are exigent circumstances present. Exigent circumstances include emergency situations requiring swift action to prevent imminent danger to life or serious danger to property, or to stop the imminent escape of a suspect, or to stop the destruction of evidence. For instance, if law enforcement is arresting someone they believe has kidnapped a minor child and they believe the person’s cell phone contains information about the location missing child then law enforcement may be able to go into the phone without a warrant. In this situation, if the child’s life is in immediate danger and waiting on a warrant could put the child’s life in further peril, the police would be able to get into the phone without a warrant or consent due to the exigent circumstance; however, these situations are rare.
There are very few other exceptions to the warrant requirement for cell phones, but every situation is different. Either way, if the police seize, search or otherwise go through your phone without a warrant then you should contact a lawyer before moving forward with your case. Law enforcement will oftentimes hold and/or search cell phones without the legal authority to do so, so it’s important for you to speak to an attorney who has experience dealing with law enforcement and cell phone seizures. More importantly, if the police pull evidence off of your cell phone illegally then whatever evidence they found should not be admissible in court, so contacting a lawyer is always in your best interest.
If law enforcement searched your phone then your constitutional rights may have been violated. Regardless of the situation, you need an experienced attorney to file pleadings with the appropriate court attacking the legality of the search or seeking the suppression of any evidence found as a result of the illegal search. There are many more benefits to hiring an attorney if you feel your rights have been violated, and it’s important for you to choose the right attorney. Matthew Williams and the Law Office of Matthew Williams focus primarily on criminal defense matters in North Florida, and he’s been handling juvenile delinquency cases his entire career. Attorney Williams treats his clients like family because he knows what they are dealing with is always more than just a case, and he refuses to let law enforcement, state attorneys, or the criminal justice system stand in the way of getting his juvenile clients the justice they deserve. He obtains the best results for his clients and he’ll do the same for your child. Give the Law Office of Matthew Williams a call now.
by Matt WilliamsWhat is the Difference Between an Arrest Warrant and a Search Warrant?
A warrant is a legal document issued by a judge or a Grand Jury after probable cause, or some other legal standard is met. A warrant authorizes law enforcement to engage in some activity or process that would violate your constitutional rights under any other circumstance. Here are the differences between an arrest warrant and a search warrant:
An arrest warrant authorizes law enforcement to detain you and keep you in custody. It can be issued when law enforcement convinces a judge or a Grand Jury that there is probable cause to believe that something illegal has happened or is happening and that the subject of the arrest warrant was involved. An arrest warrant is usually based on sworn testimony or an affidavit submitted by an investigator or some other sworn law enforcement officer. The officer’s testimony can be based on their own observation or something another witness told them. Still, the officer’s testimony will always include the reason why the officer believes an arrest warrant should be issued. Any judge or Grand Jury reviewing the officer’s affidavit or listening to the officer’s testimony must believe that the totality of the circumstances indicate the facts contained in the officer’s testimony are valid and that an arrest warrant should be issued.
An arrest warrant is different than a search warrant, but if someone is arrested, then they can be searched incident to that arrest. That means the police can search a person after arresting them but before taking them to jail. However, neither having an arrest warrant nor the fact that someone got arrested gives law enforcement the authority to search the person’s home, car* or anything else (*there are a few legal exceptions that would allow law enforcement to search your car if you were in the car at the time of your arrest). If the police ask to search your home or car while you are being arrested, then you have the right to say no.
A search warrant authorizes law enforcement to search a specific location for specific evidence. It is obtained using the same process as an arrest warrant. For a search warrant to be issued, law enforcement officers must convince a judge or Grand Jury that a crime has been committed and that there is probable cause to believe evidence related to that crime is likely to be found in the target of the search warrant. Search warrants must describe, in detail, the specific location to be searched and the specific items to be recovered. The language contained within the search warrant can use no generalities, and it can leave no room for guessing or assumptions. If it does, then the application for the search warrant should be denied by the judge.
If the police come to your house with a search warrant, then you have the right to see the warrant before law enforcement conducts a search. You should always ask to see the warrant to make sure it is specific and includes your name, your address, the name of the judge that issued the warrant, the name of the agency conducting the search, a detailed description of the place to be searched, and a detailed description of the items being searched for. If the search warrant is missing any of these items, then you need to contact an attorney immediately because the search warrant may be invalid.
It’s important to note that law enforcement does not always need a warrant to arrest you or to search you. If a police officer witnesses you commit a crime, then they can arrest you without a warrant. Likewise, if an officer develops probable cause to believe you are in possession of illegal contraband, then they can search you without obtaining a search warrant. In fact, most arrests and searches do not involve a warrant.
If an officer obtains a warrant that was not based on probable cause, or if an officer conducts an arrest without probable cause, then someone’s constitutional rights may have been violated. At that point, their attorney can file pleadings with the appropriate court, either attacking the warrant or seeking the suppression of any evidence found during an illegal search. There are many more benefits to hiring an attorney if you feel your rights have been violated, and it’s important for you to choose the right attorney. Matthew Williams and the Law Office of Matthew Williams focus primarily on criminal defense and civil rights matters in the North Florida area, and they take pride in having a personal relationship with their clients. Attorney Williams treats his clients like family because he knows what they are dealing with is always more than just a case, and he refuses to let law enforcement, state attorneys, or the criminal justice system stand in the way of getting his clients the justice they deserve. He obtains the best results for his clients, and he’ll do the same for you. Give the Law Office of Matthew Williams a call now.