LibGuides: Wilson, David: Secondary Sources

Florida Criminal Practice and Proceedure

Probable Cause. 1-2 Florida Criminal Practice and Procedure § 2.27
This link describes establishing probable cause in narcotics cases. There are links to cases that demonstrate in what circumstances probable cause is attained and in which circumstances probable cause was improper.
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In this source the focus is on the personal observations of officers making narcotics arrest or searches for narcotics. It discusses:

1. An officer detecting narcotics through one ore more of the senses.
2. An officer's training, experience, and level of expertise.
3. "hand to hand" transactions.
4. Surveillance.
5. Cases where constructive possession may exist. These are also known as "proximity" cases.
Requirements for a search warrant.1-2 Florida Criminal Defense Trial Manual § 2.2 (2017)
This source outlines the requirements that the government must meet in order to obtain a valid search warrant. The manual discusses probable cause, the affidavit, the execution of the warrant, the validity, etc... In addition, there are links to applicable case law.
Grounds for searching a private dwelling.14A Fla Jur Criminal Law -- Procedure § 725
This article is a good source for finding Florida law that governs the search of of an individual's home.
The requirement for probable cause that narcotics laws are being violated within the home prior to obtaining a search warrant.14A Fla Jur Criminal Law -- Procedure § 726
This article discusses the requirement that a narcotics violation actually be occurring within the home to be searched. Discovering a narcotics violation outside of an individual's home is not sufficient to obtain a warrant to search their house.
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Consider a case where a suspect is caught selling cocaine during a police undercover buy at a public place, such as a park. That circumstance in and of in itself is not sufficient for the officer to obtain a warrant for the suspect's house.
Elements of possession.16B Fla Jur Criminal Law -- Substantive Principles and Offenses § 1381
This articles discusses the elements necessary to prove that an individual was in possession of narcotics.

LAW REVIEWS

Reuben Goetzl, Common Scents: The Intersection of the Plain Smell and Common Enterprise Doctrines, 50 Am. Crim. L. Rev. 607, [iv] (2013)
This article is about the intersection of the Plain Smell doctrine and the Common Enterprise doctrine as they apply to vehicle stops.
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In most jurisdictions, an Officer has probable cause to search a car based on his smelling an odor consistent with drugs. Marijuana is the most common example. The question is, does the officer also have probable cause to search any passengers inside the vehicle?
University of Miami Law Review
Title:Double Reasonableness and the Fourth Amendment, 68 U. Miami L. Rev. 589 (2014), Sam Kamin|Justin Marceau
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This is a detailed analysis of how the exclusionary rule established by the Supreme Court has evolved over time.
Hein Online.A Time to Act: Statutory Exceptions to State Created Exclusionary Rules.
This article give an indepth explanation of the subtle differences between the three exceptions to the Exclusionary Rule.
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Alan Copelin, A Time to Act: Statutory Exceptions to State-Created Exclusionary Rules, 20 Am. J. Crim. L. 339, 358 (1993)

Treatises

Border Search Exception to the Exclusionary Rule.Constance Bloomfield Pannone, United States v. Montoya de Hernandez: The Border Search Exception to the Exclusionary Rule, 12 New Eng. J. on Crim. & Civ. Confinement 395, 434 (1986)
This article is useful for attorneys in Florida who handle cases involving narcotics violations. A great number of narcotic cases are developed here in Florida through routine border searches of travelers visiting the state.
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Constance Bloomfield Pannone, United States v. Montoya de Hernandez: The Border Search Exception to the Exclusionary Rule, 12 New Eng. J. on Crim. & Civ. Confinement 395, 434 (1986)

Attorney General Opinions

Hein Online: Drug Conspiracies
The confrontation clause and the admissibility of co-conspirator statements. This is a good source that contains pertinent information to consider when depending on information obtained from co-conspirators, informants, and other persons for the purposes of establishing probable cause in search warrant affadavits.
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Jason F. Cunningham, Drug Conspiracies: The Confrontation Clause and Federal Evidence Rule 801(d)(2)(E), 61 U.S. Att'ys Bull. 10, 18 (2013)

Practice Guides

Florida Legal Secretary
This link is to Chapter 7 of the Florida Legal Secretary. In this Chapter a researcher will find information about most any subject concerning the practice of criminal law in Florida. This source is very useful as the information includes considerations that a prosecuting attorney, or defense attorney, should consider while handling a narcotics case.
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James Publishing, Inc., Florida Legal Secretary, 3rd Edition, Chapter 7 Criminal Law

Florida Criminal Defense Manual

Medical necessity defense for narcotics violations
This article discuses the medical necessity defense for individuals charged with possession of marijuana and certain opioids. The article also provides links to cases.
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16B Fla Jur Criminal Law -- Substantive Principles and Offenses § 1371