Sheriff’s Deputy Gets Caught Buying Drugs
Lakeland, FL (Law Firm Newswire) June 6, 2013 – In what could have been a scene from a movie, a Monroe County Sheriff’s deputy was caught buying fake Oxycodone pills.
“While this may sound like an open and shut case,” indicated Thomas Grajek, a Lakeland criminal defense attorney, “it likely isn’t, as things are rarely as they seem in circumstances like these. The deputy is considered innocent until proven guilty and deserves a solid criminal defense.”
According to the arrest records, the deputy was charged with possession of synthetic narcotics, possessing a controlled substance without the benefit of a prescription, possessing a drug kit and conspiracy to buy narcotics. He was taken to jail on arrest.
An undercover operation nabbed the deputy as he was working in a marked patrol vehicle. He had allegedly made arrangements to buy what he thought were Oxycodone pills from a dealer. He was sold ten fake pills. The instant the transaction was complete officers arrested the deputy and searched his patrol car, allegedly finding the fake pills, in addition to a dozen hydromorphone pills, stashed in the glove compartment.
“This sounds really bad on first blush,” Grajek pointed out, “but there are a number of legal issues that need addressing, such as did the undercover officers need a search warrant to search the deputy or the patrol car? Did they have the right or probable cause to conduct a search of the deputy and his vehicle? Was a K-9 sniffer dog used and was the deputy held during that time? Was the search and seizure conducted in a timely manner? Were the drugs actually found on the deputy or somewhere else? As you can see, these and other issues could change the face of this case.”
Others issues that may arise during the course of mounting a defense for this deputy may revolve around whether or not the sniffer dog used, if any, was reliable, would the search hold up in court, can the search be thrown out of court and can evidence used against the deputy be suppressed, thrown out of court or excluded?
“Despite what the case may look like from the outside looking in, there are a number of possible defenses for the deputy, including a motion to suppress to have the evidence against him tossed out. One should never automatically assume that just because the man was charged with a crime, that he actually committed that crime,” Grajek added.
Everyone is entitled to their day in court and a criminal defense. It is not too much of a stretch of the imagination to consider that every day people are charged with and convicted of crimes they did not commit.
Thomas C. Grajek
206 Easton Drive, Suite 102
Lakeland, FL 33803
View Larger Map
- Medical marijuana amendment fails in Florida, pot still illegal to possess. What defenses do you have to a possession of cannabis case?
Florida’s medical marijuana amendment did not pass yesterday in the election. Even though a majority of the voters voted in favor of passing the medical marijuana amendment, receiving 58% of the vote, it fell 2% shy needed to pass. In 2006, Florida voters decided all constitutional amendments needed a “super majority” to pass (60% instead of 50%). Ironically, that amendment that now requires a super majority, only passed with 57.8% of the vote. Whether or not the issue is placed back on the ballot is unknown at this time. John Morgan of Morgan & Morgan who spearheaded the campaign had previously […]
- How do I get my mugshot off the internet? Feds may help, but for now you must seal or expunge your arrest record.
As a criminal record sealing and expunging lawyer, many people call me because they need to get their mugshot off the internet because they can not find a job or obtain housing because of their criminal background. For now, you must seal or expunge your record to get your mugshot off the sheriff’s webpage. You also must be eligible. I often have people call and say “the sheriff or judge told me the arrest would be off my record because the charge was dropped.” This is INCORRECT! You must take the additional step and seal or expunge your record. You […]
- Woman arrested for DUI while wearing a "Hello Kitty" costume. Drink responsibly and be safe this Halloween!
Halloween is almost here and that means candy, costumes, and parties. Remember to be safe and responsible. There are a lot of children out on the streets Trick-or-Treating and drinking and driving at this time of year can be dangerous. Already, on Sunday a woman in Maine was arrested while dressed as “Hello Kitty”. She was stopped for allegedly driving in the wrong lane. It was not clear whether the driver was wearing the Hello Kitty head pictured below found in the car: The driver refused the breath test. In Florida, the police are not allowed to request a […]