Recently, our firm had a case with a client charged with possession of cannabis/Marijuana under 20 grams and paraphernalia. The allegations against our client were brought after a search warrant was conducted on the private residence of an individual’s home. The probable cause in the affidavit for a search warrant was based on a series of trash pulls conducted by the Oviedo Police Department.

The Oviedo Police Department claimed that they decided to investigate our client’s address because they followed an un-named known drug dealer to our client’s residence on only one occasion. This vague account of one instance was the only information the Oviedo Police gave for decided to open an investigation into our client. The investigation consisted of doing trash-pulls of our clients abandoned garbage to search for drugs or paraphernalia. This investigation lasted approximately 2 months with 7 different trash pulls. During the first 4 weeks, every trash pull came up negative for drugs or paraphernalia. However, the Oviedo Police Department deemed it necessary to continue this investigation, even though valuable resources were being utilized on a cold case at the expense of taxpayers. This investigation by the Oviedo police department totaled nearly two thousand dollars.

In the coming weeks, 4 further trash pulls were conducted which resulted in what the Oviedo Police Department deemed positive results for 1 gram of Cannabis. In our office’s investigation of the case, we reviewed the evidence the Oviedo Police Department had in their possession. The evidence consisted of 3 different zip-locked bags with no more than a couple stems, seeds and ashy debris. The Oviedo Police department put a vague account of the evidence collected in an affidavit in support of a search warrant. When carrying out the warrant, the Oviedo Police kicked open our clients door and busted through his window without first announcing their presence. Their reasoning for this unannounced intrusion was that an officer spotted someone looking out of the window before they were able to announce.

Our office was able to attack the methods used by the Oviedo Police Department in wrongfully entering our client’s residence and violating his 4th amendment rights. If you have been arrested for a drug crime, know your rights and call our office today. 407-323-6700