Florida Criminal Lawyer Blog

A recent article about a drug arrest caught the attention of our Fort Lauderdale drug crimes defense attorneys. The South Florida Sun-Sentinel reported Jan. 8 that the Port Everglades terminal was evacuated and a cruise ship passenger arrested after a customs agent found a “suspicious” liquid on the passenger. After sniffing the liquid, the agent reported feeling lightheaded and having an elevated heart rate. He was seen and released from the hospital, and laboratory tests of the liquid have suggested that it’s harmless. However, the passenger, 25-year-old Casey Flynn, was found with marijuana and arrested for drug possession. As a precaution, authorities also evacuated the terminal for about three hours.

The Sun-Sentinel said customs agents and the Broward Sheriff’s Office were scanning the crowd for people with outstanding arrest warrants on the morning that Flynn was disembarking from a five-day, music-themed cruise. As he was leaving the ship, an agent saw him drop a container of liquid and stopped him. After the agent reported feeling unwell, authorities evacuated about 300 people from the terminal. More of the cruise ship’s 2,750 passengers were required to wait on board the ship until hazardous materials investigators cleared the terminal to reopen. Laboratory tests found the liquid harmless, but these results were deemed inconclusive and the samples were sent for additional testing. Flynn may face charges related to the liquid in addition to the marijuana possession charge.

As Miami drug possession defense lawyers, we think Flynn may have a strong case for defending himself against both charges, if a second charge is even brought. As a rule, evidence obtained from illegal searches cannot be admitted in court. This includes evidence that forms the backbone or entirety of a criminal case, such as the marijuana found on Flynn. It’s not clear from the article whether the search was legal, but judging by the description, the customs agent may not have had probable cause to search him. After all, travelers routinely carry liquids like shampoo and mouthwash. If the search is thrown out, the marijuana possession charge, and any charge related to the mysterious liquid, may also have to be thrown out. And to charge Flynn in connection with the evacuation, prosecutors would have to show that he, and not law enforcement overreaction, was responsible for causing it.

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As Sarasota drug crime defense lawyers, we believe strongly in the use of drug courts rather than criminal penalties for nonviolent drug offenders. That’s why we were pleased to see an Oct. 19 article in the Orlando Sentinel about a new grant of federal money that could expand and strengthen the drug courts considerably. According to the article, nine Florida counties will be able to expand their existing drug court programs using about $20.8 million in funding from the federal stimulus package. The participating courts estimate that the money will help an additional 2,000 people complete drug court programs, resulting in $95 million in savings on operational costs and new prison construction.

Florida instituted the nation’s first drug courts in response to drug abuse problems that were clogging the state’s criminal courts. In drug courts, offenders facing drug charges may enter diversion programs that keep them off probation and out of jail. Instead, these offenders complete drug treatment programs, pass drug tests and fulfill other requirements. If they successfully complete the program, first-time offenders may have their charges dropped; repeat offenders may receive a withholding of adjudication or have penalties reduced. According to the Sentinel, about 10,000 Floridians enter the programs each year in 46 of Florida’s 67 counties. The newspaper also cited research showing that people who complete the programs successfully are 80% less likely to re-offend -- although roughly half of participants never complete them. In fact, the state estimates that only 1,600 out of 4,000 offenders will stay out of prison -- but even with a success rate of less than 50%, it still expects to save more than twice what the federal government will spend.

Advocates of drug courts say the programs save money that would otherwise be spent on unnecessarily incarcerating nonviolent offenders. According to Judge Ronald Whitehead, who supervises the drug court in Orange County, taxpayers pay $65 a day to supervise someone in prison, but only $15 a day to supervise someone in a drug diversion program. As West Palm Beach narcotics offense lawyers, we believe this makes the programs a win for everyone involved -- the system, the offenders and the public. Drug crimes that qualify for the programs are nonviolent offenses, which means that the offenders themselves are typically the only “victims.” Sending such offenders to prison does nothing to protect the public, but it can have profound consequences for the offenders’ lives and futures. Drug diversion programs give them an opportunity to earn a second chance.

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