Florida Criminal Defense Lawyer Blog

INTRODUCTION

A cop comes home after a long day at work.  His wife rushes to greet him at the door and enthusiastically asks, “Honey, how was your day?”  He responds, “It was rough, but very productive.  We did another prostitution sting and made over 30 arrests.”  The wife smiles proudly and exclaims, “Way to go baby!  I’m so proud of you.”  He responds, “I need to shower and rest, after all the  sex I had today.”  Shocked and bewildered, the wife says, “Did I just hear you correctly?  You had sex today?”  He fires back with, “I know.  It sucks.  This police work is not what I thought it would be.  Having sex with all these prostitutes so we can make the arrest is very tiring”  Putting aside, for just one moment, what would go on in that marital home after that brief and shocking exchange, I must ask one question, “Can that happen legally?  Can a cop legally have sex with a prostitute, assuming it’s all in the line of duty?”  The answer may surprise you.

 ANALYSIS

INTRODUCTION

I’ll never forget the case.  A mother of a sick child needed approximately $4000 for an operation for her son. With no insurance for the procedure, she agreed to transport a suitcase that she knew contained illegal drugs.  In exchange, the drug trafficker agreed to give her the exact amount of money she required to pay for the needed operation.  Unfortunately, she was caught at the airport and charged with drug trafficking.  Because of the Draconian drug laws that have been on the books for way too long, she faced a minimum mandatory sentence of 15 years in prison.  A minimum mandatory sentence means they serve every single day of their sentence, getting no time off for even exemplary prison behavior.  In spite of the judge wanting to offer her a much reduced sentence, his hands were tied.  The law doesn’t permit judges to waive minimum mandatory sentences.  Only prosecutors have that extraordinary power.  Fortunately, a change may be a coming soon.

ANALYSIS

A Texas father (whose name hasn’t yet been released) wishes he can turn back the clock.  He may face serious criminal charges for fatally shooting a teenage boy.  The 17-year-old was snuck into the bedroom of the father’s 16-year-old daughter.  When the father walked into his daughter’s room and sees the teen boy, he quickly turned to his daughter to find out who he was.  His daughter apparently responded, “I don’t know.”   Then an argument took place between the father and the teen, named Johran McCormick.  The father then claims he saw the teen drop his hands like he was grabbing something.

The father claims he was in fear at that moment.  As a result, he opened fire on McCormick.  He died on the scene.

The mother of the deceased teen is understandably livid.  She told one reporter, “I would like my baby back, but I know that’s not possible, …He didn’t deserve to die like that.”

Let’s say you see a violent crime being committed.  As a “good citizen” you call Miami-Dade Crime Stoppers and report the tip.  You only feel comfortable providing the information because they assure you that all tips are anonymous.  You then pick up the newspaper and learn something about a Miami judge ordering tipster information to be released.  Could your identity be next?

This week, Judge Victoria Brennan ordered Richard Masten, the executive director of Miami-Dade Crime Stoppers to turn over information provided to the tip line concerning a cocaine possession case.  The judge ruled that the law mandated that he turn over the information that was being requested by the defense attorney representing the alleged cocaine possessor.

When Masten appeared before Judge Brennan, he refused to turn over he information.  Additionally, he ate the paper containing the information while sitting in court.  In explaining his actions to the media, Masten revealed that he significantly values his assurance of anonymity to tipsters who provide invaluable information that helps solve serious crimes in Miami.  He vows to never compromise that promise.

INTRODUCTION

You come home from a wonderful evening out on the town to find the front window of your home smashed.  When you go inside, it becomes clear that you’ve been burglarized.  Thousands of dollars of personal possessions were stolen from inside of your dwelling.  You want the guilty burglar caught ASAP!  Cops offer a glimmer of hope after they reveal to you that the perpetrator left fingerprints inside your home.  Hope turns to excitement when you learn that the lifted fingerprints were entered into the Florida Department of Law Enforcement’s (FDLE) fingerprint identification system and they matched to Bobby Burglar, a career criminal.  Your excitement is suddenly dimmed when you read an article in today’s paper alleging that Florida’s fingerprint system is flawed.  Will Bobby Burglar escape justice?

ANALYSIS

Joe Speeder thinks he’s a wonderful guy. He also believes he’s a compassionate soul. Therefore, when he sees a police speed trap, he want’s everyone to be warned. Knowing that he may spare someone a ticket by warning them to slow down makes him all tingly inside. The problem with his behavior, according to law enforcement, is that what he’s doing is allegedly illegal. On one occasion, they write him a citation for his actions. He’s outraged. He doesn’t believe that warning drivers to slow down is illegal conduct. He vows to fight. Will Joe Speeder prevail?

The hypothetical involving Joe Speeder is based upon an actual case. On November 22, 2012, Michael Elli was given a citation for doing exactly what Joe Speeder did. Michael, like Joe, flashed his lights to warn his fellow drivers of a speed trap. The citation subjected Michael to a $1,000 fine. The American Civil Liberties Union jumped on board to assist Michael challenge what they also deemed was an unlawful citation. The matter was challenged in federal court.

A federal judge in St. Louis ruled recently in Michael’s favor. Michael and the ACLU argued successfully that a driver who flashes their lights to warn other drivers of an impending speed trap is simply exercising their constitutional rights. The act of flashing headlights for this purpose was deemed protected free speech.

A HYPOTHETICAL

Tony the drug dealer is really bummed. He’s facing a fifteen year minimum mandatory prison sentence and his case is a slam dunk for Florida prosecutors. They’ve got a video of his drug deal, as well as access to 17 nuns who just happened to witness the unlawful transfer of money in exchange for a few hundred Oxycodone pain pills. Furthermore, they have Tony’s detailed confession on audio tape. The only way he avoids lengthy time in the pokey is if he hires magician David Copperfield to make all the damning evidence disappear.

Because Tony’s assets have been frozen, he can’t afford to hire the famed magician. The good news for Tony is that he may not need to. His attorney hears about some scandal involving the chemist for the Florida Department of Law Enforcement (FDLE). That’s the person who prosecutors rely upon in all drug cases to test the contraband and render an opinion as to whether it’s a controlled substance. Even if all parties involved in a drug deal thinks they are dealing with real drugs, the prosecutors must still prove the contraband isn’t some other lawful substance like sugar pills. In Tony’s case, the chemist tested the pills and determined it was definitely 250 grams of Oxycodone pain pills.