The police were dispatched out to an animal complaint regarding pit bulls attacking other dogs in the neighborhood. When the officers arrived, there was a Mercury parked in the driveway with the windows down and the engine running. The officer observed, in plain view, a small white cigarette butt in the cup holder that appeared to be a marijuana joint. Contact was then made with the owner of the dogs and the owner of the Mercury. When asked about the cigarette in the cup holder, the defendant admitted that it was marijuana and that it was his. He said he got stressed out and forgot he left the joint there. The State of Florida attempted to require that the Defendant plead guilty to the criminal charges for possession of the marijuana. However, because of the legal issues surrounding the Defendant’s admissions, the State of Florida could not use the defendant’s admissions against him. Therefore, they could not prove that he, in fact, possessed the drugs. At the first court date, the State dismissed all criminal charges against the Defendant.
DUI & Criminal Division
