Cruise Ship Passenger Held After Customs Agent Finds Suspicious Liquid
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.
Continue reading "Cruise Ship Passenger Held After Customs Agent Finds Suspicious Liquid" »


