Prosecution Issues with Drug Related Cases

Hello Vampires,
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Vampire Nation,

Today I attended a Drug Conference in the Orlando, FL area. One of the topics covered was "Prosecution Issues with Drug Related Cases. The other officer I was in the conference with decided to attend another topic and we would share notes after the course.

The speaker was from the SA office and had multiple years dealing with undercover "UC" and other types of drug case prosecution. We covered a few topics pertaining to case law and then we entered the heart of the topic. The SA told us that there are many challenges associated with drug offenses. Many of these challenges are usually created by juries.

CSI Factors
Many of the people who actually show up for jury duty do it because they think they are going to see some incredible technology like they do on the CSI TV shows. The problem with this is that many of our drug cases are simple "buy busts" or possession cases. There is really nothing fancy about these simple cases.

The SA asked us to do the following to help increase jury involvement and increase our drug case conviction rate. They include:

• Print baggies and containers


• Photograph and/or video the location


• Make sure recordings are audible


• If you don't tape make sure you have a good reason why Ex. Equipment wasn't available


• Make sure to include diagrams and/or maps to give the jury something to hold and give the SA something to present.

Now lets look at collection of evidence. Here are some basic, but essential questions you should answer in your incident report regarding evidence collection:

• Where was the evidence found?


• Who found the evidence?


• Who else touched the evidence?


• By who and how was the evidence collected?


• Photograph the evidence before moved and after moved,


• Record details and nearby objects.


• Write legibly on evidence labels and receipts.

Constructive Possession

If the drugs you have found are not physically on the person you are charging with the drugs you are stating they are in constructive possession of the substance. There is case law that lists the essential elements that have to be met for the constructive possession charge to stick. They include:

• The ability to control the substance


• knowledge the substance was in their presence


• knowledge of its illicit nature

If these elements are not met then you will more then likely lose your constructive possession case. To get this charge to stick then you must have very strong circumstantial evidence.

Confidential Informants

This area will be covered in detail in a later blog post.

Substantial Assistance

We are lucky enough in Florida to have mandatory minimums for persons convicted of trafficking drugs. These minimums can be reduced by the SAO if "information" is received from the person charged. Penalties can be reduced, but not eliminated.

Drug Case Reports

We all know that our reports are really intended to remind us of the case when/if it goes to trial. What we sometimes forget is that a great descriptive report will keep us out of court almost 99% of the time. The report must be very descriptive and contain distinctive details that will help you remember the case. Make sure to include more then just the essential elements of the charges. In drug cases, you must include preliminary negotiations and contacts not just the drug deal.

Additional Evidence

Many times you have to go the extra mile to make sure your case is "not filed". Some of these extra mile items include:

• Getting a statement from the defendant. Even if he is not confessing make sure to document what lie he/she is telling now. Many times this will limit how creative the defense attorney can get if it goes to trail.


• Patrol Car Tape/Video recording. Let it run and see what you get.


• Subsequent knock and talks at the suspects residence. Speak to the spouse/partner and ask for consent to search.


• Obtain telephone and computer records if available.

Consent Searches

If you get oral consent you must have a witness, recording, or written consent. Many juries do not believe that people give the police consent. You may have to prove this one and it is better to prepare for this before the situation occurs.

Many times a warrant is not needed and consent will legally do. Search warrants are technical documents and you are limited in your scope during the search.

Case Closed

Most times after we make an arrest we think of the case as being closed. For the SAO the case is just beginning. Officers must stay in contact with the SAO to alleviate any issues that develop. If CI's are used make sure you can find them.

And REMEMBER THIS

BRING YOUR REPORT AND ALL EVIDENCE TO COURT WITH YOU.

I think some great issues were covered during this course and I have many other courses to add to the blog in later posts. Most of this was a refresher, but you can't ever hear a good idea too many times.

Until next time remember: We intimidate the night.

CCMason