Police Searches

The Police Usually Can’t Order You Out of Your Parked Car

Published on: April 9, 2022 | by Roelke Law, P.A.

Were you ordered out of your parked car by the police who then found drugs, firearms or other contraband inside? If so, depending on the facts of your particular situation, you may be able to get your case dropped.

In Taylor v. State, Escambia County Sheriff’s Deputy David Ramires responded to a call about a man asleep in a vehicle with a knife on his lap. Upon arrival at the reported location, Deputy Ramires observed the man, Aron Taylor, was sleeping in the driver’s seat of a vehicle with a “fairly large knife” on his lap. The vehicle was legally parked, its engine was off, and no one other than Taylor was in it.

Deputy Ramires did not smell an odor of alcohol. The surrounding area was not a high crime area. Deputy Ramires had no reason to believe Taylor had committed, was committing, or was about to commit a crime. Moreover, at no time during the encounter did Ramires have any reason to be concerned for Taylor’s health or safety. Ramires then called for backup from other deputies, as was his practice “even if it’s just a welfare check.” Continue reading

An Improper Welfare Check Can Result in Your Case Being Dropped

Published on: July 28, 2021 | by Roelke Law, P.A.

Were you arrested after the police discovered drugs, an illegal firearm and/or other contraband while checking on your safety while you were in your car? If you were, a recent case from the First District Court of Appeals shows how you may be able to have your case dropped.

In Taylor v. State, Escambia County Sheriff’s Deputy David Ramires responded to a call at 4:30 a.m. about a man sleeping in a vehicle with a knife on his lap. Upon arriving at the reported location, Deputy Ramires observed Mr. Taylor was indeed sleeping in the driver’s seat of a vehicle with a “fairly large knife” on his lap.

Taylor’s car was legally parked, it was not running, and no one else was in the vehicle. Deputy Ramires did not smell alcohol. The surrounding area was not a high crime area. Continue reading

How to Win Your Florida Dog Sniff Case

Published on: June 1, 2021 | by Roelke Law, P.A.

Were you arrested for possessing a firearm, drugs or other contraband found by dog sniff during a routine traffic stop? If you so, you may have grounds to have all the evidence found by the State thrown out and your case dismissed. A recent case shows how that can occur.

In Flowers v. State, Timothy Flowers was a passenger in a vehicle pulled over by Officer Josh Carswell for failure to come to a complete stop at a red light before making a right turn. The stop occurred at 10:15 p.m. While Officer Carswell was collecting the information he needed to write Flowers a citation, the K-9 unit arrived. A dog from the unit subsequently alerted to the vehicle.

The dog sniff was completed within twelve minutes of the initial stop. During that time, while Officer Carswell was preparing Flowers’ traffic citation, Carswell learned Flowers was a convicted felon. A subsequent search of the vehicle based on the dog’s interest revealed a pistol and marijuana. Before he was read his Miranda rights, Flowers spontaneously uttered “all that shit in there is mine.” Flowers was then arrested and taken into custody. Continue reading

How to Get Your Case Dropped Due to an Improper Welfare Check

Published on: May 16, 2021 | by Roelke Law, P.A.

Were you arrested after the police discovered contraband while checking on your safety? If so, you may have a basis to have your case dropped. A case from the First District Court of Appeals shows how this can happen.

In State v. Brumelow, 289 So.3d 955 (Fla. 1^st DCA 2019), an officer responding to a 911 call arrived at a bank parking lot around 10:20 a.m. on a Saturday morning. He observed a male in the driver’s seat and a female in the passenger seat of a running car. Both occupants appeared to be sleeping.

The officer knocked on the driver’s side window several times. The male, Michael Jason Brumelow, was awakened and began talking with the officer. The officer then asked Brumelow to wake up the female in the passenger seat. Brumelow was unable to do so. Continue reading

Judge Says Police Claiming to Smell Marijuana Are Liars

Published on: October 7, 2019 | by Roelke Law, P.A.

Did the police justify their search of your vehicle by claiming they detected the odor of marijuana? If they did and there was in fact no marijuana smoked or recently in your car, your lawyer may be able to question their credibility based on a New York judge’s recent comments reported in The New York Times.

As in Florida, courts in New York have long held an officer may effect a warrantless search of a car and its occupants if they smell marijuana coming from the vehicle. But in late July of this year, a judge in the Bronx said officers base vehicle searches on the smell of marijuana too often to be believed. And, the judge has urged her fellow jurists across the state to stop letting police officers get away with lying about smelling marijuana as an excuse to search a vehicle.

“The time has come to reject the canard of marijuana emanating from nearly every vehicle subject to a traffic stop,” Judge April Newbauer wrote in a decision in a case involving a gun the police discovered in car they had searched after claiming to have smelled marijuana. She added, “So ubiquitous has police testimony about odors from cars become that it should be subject to a heightened level of scrutiny if it is to supply the grounds for a search.” Continue reading

New Hemp Law Makes it Harder to Prosecute Florida Marijuana Cases

Published on: August 25, 2019 | by Roelke Law, P.A.

On June 25, 2019 Florida Governor Ron DeSantis signed Florida Senate Bill 1020, regulating the production and distribution of hemp and hemp extracts in Florida, including the increasingly popular hemp derivative, cannabidiol (CBD). The bill makes Florida the latest state to enact legislation to legalize and regulate its hemp industry. The bill mirrors similar action at the federal level late last year when President Trump signed the Farm Bill removing hemp from the list of controlled substances, making it legal to grow and sell hemp under federal law.

Hemp comes from the same cannabis plant that produces marijuana. Marijuana, however has much higher levels of tetrahydrocannabinol (THC), the chemical in the plant that is psychoactive and produces the hallmark “high” or euphoria. Both hemp and marijuana contain CBD, a medical compound that has health benefits but is non-euphoric.

Under the Farm Bill, hemp is legal provided doesn’t contain more than 0.3 percent THC. If hemp contains more than 0.3 percent THC, it is still a federally banned controlled substance. Similarly, Senate Bill 1020 excludes hemp from the definition of cannabis provided the THC concentration does not exceed 0.3 percent on a dry weight basis.