Officers Walk in on Suspect Smoking Weed and Playing XBox; Arrested


The Charges

Officers visited a home in an attempt to serve an occupant with a warrant. They smelled freshly burned marijuana. The police were invited inside. The officers allegedly saw a bong and bag of pot inside an open backpack. The defendant who was playing Xbox admitted that the backpack belonged to him and that the leafy green substance inside was pot. Officers arrested the suspect and charged him with possession of marijuana and possession of paraphernalia.

Possession of Marijuana

In the state of Florida, possession of under 20 grams of marijuana is classified as a misdemeanor of the first degree. Penalties for this offense will include up to one year in jail, one year of probation, and a fine of $1,000. During probation, you will be responsible for all court costs of this, as well as the fees for drug testing that is randomly done.  

Other consequences of possession of marijuana will include a one-year driver’s license suspension. Some government jobs will not consider anyone that has possession of marijuana charges on their record. Other penalties may include the following:

  • Ineligible for public housing
  • Damaging to one’s reputation
  • Not able to attend certain colleges
  • Not eligible for Bright Futures Scholarships
  • Interferes with job prospects
  • Could interfere with state licensing or permits for specific jobs

Defenses for Possession of Marijuana

There are many defenses that can be used for possession of marijuana, including the following:

  • Marijuana was not in plain view
  • Invalid consent to search
  • Illegal pat down 
  • Unlawful search
  • Miranda rights violation
  • Invalid search warrant
  • Police lacked probable cause for an arrest
  • Unlawful search incident to arrest
  • Invalid K-9 search
  • Police lacked probable cause to arrest or detain the defendant
  • Unlawful prolongation of a valid traffic stop

Motion to Suppress

A motion to suppress is a request made by the defendant for the judge to eliminate evidence at a trial. It can be made before the trial begins. If the defendant wins the motion to suppress, the case may need to be dismissed. 

Musca Law Firm

If you are facing charges of possession, please call Musca Law Firm as soon as possible. We have successfully handled many drug cases and would like the chance to defend you against your charge as well. We will put together a strategic defense that will showcase the weakness of the prosecution. 

Our law firm offices are located in various cities across the state of Florida, such as Orlando, Boca Raton, Naples, New Port Richey, Clearwater, Daytona Beach, and many others. We accept phone calls 24 hours a day and can schedule appointments for your convenience. Please call us at (888) 484-5057 to schedule your free initial consultation with one of our highly-qualified attorneys. We look forward to hearing from you! 

RESULT: The Musca Law defense attorney challenged whether or not the backpack was open and its contents in plain view. The attorney explained to the State the intention to file a motion to suppress the evidence of the search. Prior to filing the motion, the State DROPPED the possession of marijuana charge and the Court ruled NO CONVICTION for the charge of possession of paraphernalia!