Florida’s 4th District Court of Appeal ruled that a defendant charged with unlawfully selling hydrocodone was objectively entrapped by law enforcement, requiring reversal of her conviction. In Florida, entrapment serves as a total defense to criminal charges. Entrapment occurs when law enforcement impermissibly induces someone to commit a crime that would not have otherwise occurred but for the police intervention. …

Florida’s 4th District Court of Appeal reversed a trial judge who dismissed a case against a defendant on entrapment grounds – allowing the prosecution to go forward. Here’s why. In Florida, entrapment is a total defense to allegedly criminal activity. Entrapment occurs when the government induces someone to commit an offense in a manner that does not comply with state …

Florida’s 3rd District Court of Appeal dismissed the charges against a defendant accused of drug trafficking on the grounds that law enforcement induced him to engage in drug activity, and there was no evidence he was predisposed to do so. In Florida, entrapment is a well-known but often misunderstood defense to criminal charges. Entrapment functions as a “total defense,” so …

Florida’s 2nd District Court of Appeal reversed the conviction of a driver accused of possessing drugs found in a caddy by his feet while driving in a jointly occupied vehicle. In Florida, there are two ways to prove that someone unlawfully possessed a particular item or set of items (e.g. illegal drugs, guns). The first of these is actual possession, …

Florida’s 4th District Court dismissed drug charges against a defendant after finding he was ‘objectively entrapped’ by a confidential informant. In Florida, entrapment is a well-known defense to various criminal charges. It occurs when a government agent uses impermissible methods to induce a defendant to commit a crime who would not have otherwise done so. This can be a law …

Florida’s 1st District Court of Appeal held that even though there were multiple other passengers in the vehicle, the substance was in plain view in an area over which the juvenile had exclusive control. In Florida, someone may be arrested and charged with possession of a controlled substance or drug paraphernalia even if this was not found in their actual …

A top Florida court ruled that the fact someone is being arrested on a drug warrant does not give law enforcement permission to search their vehicle without a warrant.  In Florida and throughout the U.S., a person has the right to be free of “unreasonable” searches and seizures under the Fourth Amendment of the U.S. Constitution. Law enforcement is not …

Tallahassee and North Florida’s top court ruled that a lack of drug residue on an item can defeat charges of drug paraphernalia possession under certain circumstances. In Florida, possession of drug paraphernalia is a very serious offense. Per Fla. Stat. 893.147, possession of paraphernalia is typically considered a first-degree misdemeanor (up to 1 year in jail and a $1,000 fine). …

In Florida, possession of drug paraphernalia (Fla. Stat. 893.147) is a very serious offense. Use of or possession with intent to use drug paraphernalia is considered a first-degree misdemeanor, punishable by up to 1 year in jail and a $1,000 fine. Drug paraphernalia is defined as any item or object used, intended to be used, or designed to be used …