Sharpsteen Law

The Tampa Bay Times recently reported about a Pinellas detective dressed as Progress Energy worker in search of marijuana. No evidence of marijuana cultivation was discovered when the resident escorted a detective onto his property.–But, what if there was? Would the evidence be thrown out despite the resident’s consent to enter the property? A few years ago, the Florida Supreme Court held that a detective can trick a suspect into submitting DNA samples for a murder investigation, under the ruse of excluding him as a suspect in a fictitious burglary investigation. 

Deception alone does not render consent involuntary. However, the Progress Energy disguise tactic is different. Residents understand that employees of utility companies have the right to enter their property on official business. By appearing to be such an employee, the detective gained consent to enter the property through the resident’s submission to a false claim of lawful authority.  Accordingly, the consent is deemed involuntary as a mere acquiescence to authority.  The detective could have appeared in his law enforcement uniform, claiming that he wanted permission to search the back yard for a runaway. Although still a ruse to gain access for another purpose, this tactic would probably survive a motion to suppress evidence.

Tampa Bay Times staff writers, Curtis Krueger and Rita Farlow, have reported on what started as creative detective work in Pinellas sheriff says narcotics division grew to be ‘too loose an operation’, Sergeant suspended for erasing evidence in Simply Hydroponics case, Pinellas hydroponic garden shop has attention of deputies searching for marijuana growers.  Internal affairs investigations have been launched, prompting the question of whether the Pinellas County Sheriff’s narcotics unit mistakenly or intentionally crosses the constitutional line.

 Search and seizure law can be extremely complex. If you have questions about the lawfulness of a search, call (727) 381-9522 today!

Attorney Sharpsteen co-counsels with Attorney Anne F. Borghetti on all Federal Criminal matters.  With over 35 years of experience handling thousands of cases and over 100 trials between them in both the Federal and State Courts, the client has the benefit of two attorneys actively working on their case.

Of course, first priority would be attempts to persuade the authorities not to charge or indict, maybe file lesser charges. Trial experience counts because the government is not going to fold if they think your lawyer won’t go to trial.

Before you hire an attorney; 1.) Ask how many cases they have tried. 2.) If it is a Federal criminal case, ask how many cases they have tried in Federal Court. You may be surprised.

Want to know the facts about your case?  Ask Sharpsteen Law!  Call (727) 381-9522 to speak to a Tampa Bay Attorney now.