If Someone Lives In A Home With Drugs And Weapons, They May Not Belong To Them
Lakeland, FL (Law Firm Newswire) September 12 , 2013 – What began as a burglary call, ended as a weapons and drug bust.
This was an unusual case that started out as a call to the police station for a possible burglary. Deputies were dispatched to a home in Sarasota County, arriving at approximately 3 a.m. On conducting a walk about the premises, they noted a side window was broken. On closer inspection of the window, deputies noted there were weapons and drugs lying about the home.
They promptly left to obtain a search warrant for the residence, returning a bit later to conduct a formal search of the house. When the police arrived with the warrant, the person living there did indicate to officers that they would find marijuana, cash, a rifle, a handgun and assorted drug accoutrements. “He was arrested and charged with possession of narcotic paraphernalia and possession of marijuana with the intent to sell,” Thomas Grajek, a Lakeland criminal defense attorney explained.
When the search was concluded, deputies left with five pounds of cannabis, over $24,000 in cash, an ARMS AR-15 rifle and a Kel-Tec 9 mm handgun, along with a variety of drug gear. Was the resident of the home a drug dealer? Based on the evidence, it could be assumed that he was. However, assuming that the 20-year-old man was a drug dealer may have been presumptuous, as he may only have been a visitor in the home, and not the homeowner or the individual who owned the firearms, drug equipment and the cash.
The man may have been in the house, but that does not mean he was responsible for the contents of the house. Just because he could tell police what was in the home does not mean he was admitting it was his. Furthermore, he could well have been telling law enforcement what he knew to be there, because someone else told him that and it was in plain sight for him to see. Drug cases like this are full of potential holes and anyone charged under circumstances such as this needs to speak to an experienced defense attorney.
There are a number of questions that need to be answered in cases like this. For instance, were the drugs actually found on the young man? Or were they found nearby, in a car or a house he was in. In this case, the man was in the house. However, were the drugs on him? Situations like this are referred to as constructive possession, and he may have a legal defense to any drug charges.
“If you are facing drug charges, or have been arrested and charged with a drug offence, call a Lakeland criminal defense attorney right away. In the meantime, say nothing to anyone but your attorney,” said Grajek.
Thomas C. Grajek
206 Easton Drive, Suite 102
Lakeland, FL 33803
View Larger Map
- Arrest made in Polk County "SWAT"ting incident involving "anonymous" calls to police to lure SWAT team to high school.
A Canadian juvenile was arrested in the recent Polk County “swatting” case. “SWATting” is when an individual attempts to lure the SWAT time to respond to a location for a fake threat of some type. Polk County deputies allege the teen anonymously placed hoax calls to law enforcement officials in an effort to lure SWAT teams to respond to Ft. Meade high school over the past four-months. Deputies say the investigation began in September, when an unidentified male called the sheriff’s office and Fort Meade High School and said he was going to “drive to Fort Meade High School in […]
- Just in time for Christmas, Polk Sheriff Grady Judd's prostitution sting results in 61 arrests.
Sheriff Grady Judd will hold a press conference today to announce the results of the latest Polk Prostitution sting from last week. The sting was part of a undercover operation targeting individuals who respond to online advertisements on Backpage.com. The online ads are usually listings for escort or massage services, but once the person responds to the hotel, the undercover deputies try to make an arrest for an illegal activity. These undercover officers can be very aggressive and often do most of the talking. The sheriff was also targeting human trafficking which is a much more serious felony offense. There are some harsh […]
- 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 […]