State vs. J.A.; Case Nos.: 2008-MM-3812 and 2008-TR-34711
Arresting Agency: St. Lucie County Sheriffs Office
Case Summary: “Our client was hanging out with some friends in a wooded lot in Port St. Lucie, Florida. They planned on a day of “muddin”. They were minding their own business and smoking some locally grown crippie buds. Along comes Johnny Law with their weapons drawn and nothing better to do but harass some local youths. Eventually, he runs our client’s drivers license, which comes back suspended because of some traffic tickets that had gone unpaid. Law takes our client down for the DWLS, Marijuana, and the pipe it was being smoked from. The Defense conducts a thorough investigation, including employing an investigator to document the scene. It turns out there weren’t any signs erected on the property indicating ownership. More importantly, there weren’t any signs with the words “no trespassing” anywhere to be found. Florida law is very clear that in order for someone to commit the offense of trespassing, they have to be given proper notice. The notice requirement had not been met in this case because there were no signs erected on the property. After submitting our photographs to the State and researching the applicable law, a motion to suppress was filed and a hearing was set. We argued that the Johnny Law rushed to judgment and conducted a premature and illegal detention of our client.”
Result: State dropped all charges.
Brian Mallonee is a Criminal Defense Lawyer Serving St Lucie, Indian River, Martin, and Okeechobee Counties