Motion to Suppress Evidence on Possession of Marijuana


The Charges

Police stopped the Defendant for a traffic offense. Police discovered a plastic bag containing marijuana in his vehicle and arrested him for Possession of Marijuana.

Possession of Marijuana

Possession of marijuana in Florida is a first degree misdemeanor as long as the amount is less than 20 grams.  In order for the state to convict the defendant, three elements will need to be proved:

  • The defendant possessed the marijuana in either actual or constructive possession.
  • The marijuana weighed less than 20 grams. 
  • The defendant knew they had marijuana in their presence. 
  • Penalties for possession of marijuana include up to one year in prison, one year of probation, and a fine of $1,0000.

    There are many other consequences to possession of marijuana.  You may not be eligible for public housing. Certain colleges will not accept you if you have had any drug violations, and there are many financial aid loans a person is not eligible for if they have any possession charges. 

    Defenses of the Possession of Marijuana

    There are many defenses that can be used for possession of marijuana.  These include:

    • Lack of a search warrant
    • An invalid search warrant
    • Police lacked probable cause to arrest or detain the defendant
    • Police did not have probable cause to make a traffic stop
    • Invalid execution of a search warrant
    • Marijuana was not in plain view
    • There was an unlawful pat down
    • There was an unlaw prolongation of an otherwise valid traffic stop
    • It was a violation of the right to counsel
    • Miranda rights were not read
    • Unlawful search incident to arrest
    • There was a chain of custody issues
    • The law was mistaken by a police officer leading to a traffic stop
    • Evidence tampering
    • Destruction of evidence
    • There was a lack of third party consent
    • There was an invalid K-9 search or unsubstantiated K-9 alert
    • Unlawful “Terry search”
    • Exceeding the scope of an otherwise valid consensual search
    • Any other unlawful police or legal activity

    Motion to Suppress Evidence

    A defendant’s attorney can request a motion to suppress evidence in order to have a judge say they will throw that evidence out.  The defense can make this request well before the trial has started. This motion is very common to use in search and seize cases.  

    Musca Law Firm

    If you have been arrested for possession of marijuana or other drugs, it is in your best interest to obtain legal services.  Musca Law has successfully handled many of these cases. Our attorneys take the time to listen to your case and then build a strong defense.  We have well over 150 years of combined experience. Our goal is to find an outcome that is favorable to you. Please call us today to set up a free initial consultation. 

    RESULT: The attorney filed a Motion to Suppress Evidence obtained by an unlawful search and seizure without a warrant. The challenge presented to the State on meeting the burden of proof resulted in NO CONVICTION!