A recent decision from the Florida Fourth Judicial Court of Appeals demonstrates the types of motions that can be filed and successfully litigated in a case involving trafficking in cocaine or conspiracy to traffic in cocaine. In Kessler v. State, 991 So.2d 1015 (Fla. 4th DCA 2008), the Court reversed the Defendant's conviction for trafficking in cocaine and conspiracy to traffic in cocaine. The Fourth District Court of Appeals made the following rulings:
- The Detective's discussion with the defendant and request that the defendant reveal his drug supplier and call the drug supplier was part of his in custody interrogation which required Miranda warnings about his right to remain silent and right to have counsel present for any questioning.
- A tape recording of a phone call the defendant made to his drug supplier was incriminating testimonial communications that should have been excluded (or thrown out of evidence by the judge) because the Defendant had not been read his Miranda warnings; and
- The trial court made a mistake by allowing the State Attorney's Office to put into evidence a tape recording of the phone call between the Defendant and his drug supplier, and his mistake was harmful and required that the conviction be reversed.
This case demonstrates the type of motions that can be filed and litigated in cases involving trafficking in cocaine or conspiracy to traffic in cocaine in Hillsborough County, Pinellas County, Polk County, Pasco County, Manatee County, or Sarasota County. In many Florida drug trafficking cases, the arresting officers (and sometimes a DEA agents) will pressure the defendant to make statements to blame another individual for criminal wrongdoing in exchange for "a lighter sentence," "getting out of jail," "going easier on the case" or some other promised benefit. If the detective or DEA agent fails to read Miranda, or makes a promise of some benefit in exchange for a confession, that confession may be suppressed by an experienced Tampa Drug Attorney experienced in representing individuals on Drug Trafficking cases, including Trafficking in Cocaine.
If you have been arrested on any drug offense, contact an experienced Tampa Drug Trafficking Attorney at the Sammis Law Firm to discuss your arrest and prosecution today for CONSPIRACY TO TRAFFIC COCAINE, and TRAFFICKING COCAINE, Florida Statutes Section 893.135. You can schedule an office or phone consultation at the Sammis Law Firm, P.A., at (813)250-0500.