Cell Phone Search Incident to Arrest

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Cell Phone Search Warrant

Cell Phone Search Warrant
Cell Phone Warrantless Search

Cell Phone Searches

Tampa Criminal Defense Attorney / Lawyer continues to follow recent developments in the search of cellular telephones / cell phones. One Florida court has just ruled in a 33 page opinion that pictures in a cell phone obtained from a suspect who had been arrested were inadmissible at trial since they had been seized during a warrantless search.

The court ruled:

“We are equally concerned that giving officers unbridled discretion to rummage through at will the entire contents of one’s cell phone, even where there is no basis for believing evidence of the crime of arrest will be found on the phone, creates a serious and recurring threat to the privacy of countless individuals. Were we free to do so, we would find, given the advancement of technology with regards to cell phones and other similar portable electronic devices, officers may only search cell phones incident to arrest if it is reasonable to believe evidence relevant to the crime of arrest might be found on the phone. Here, there was no evidence the officer had such a reasonable belief.”

“Modern cell phones can contain as much memory as a personal computer and could conceivably contain the entirety of one’s personal photograph collection, home videos, music library, and reading library, as well as calendars, medical information, banking records, instant messaging, text messages, voicemail, call logs, and GPS history. Cell phones are also capable of accessing the internet and are, therefore, capable of accessing information beyond what is stored on the phone’s physical memory. For example, cell phones may also contain web browsing history, emails from work and personal accounts, and applications for accessing Facebook and other social networking sites. Essentially, cell phones can make the entirety of one’s personal life available for perusing by an officer every time someone is arrested for any offense.”

“However, we express great concern in permitting the officer to search appellant’s cell phone here where there was no indication the officer had reason to believe the cell phone contained evidence.”

Cell Phone Search

Defense Attorney on Cell Phone Search | Evidence Suppressed

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Search and Seizure, Motion to Suppress Evidence, Cell Phone, Cell Phone Search, Search incident to arrest, text messages

Search and Seizure, Motion to Suppress Evidence, Cell Phone, Cell Phone Search, Search incident to arrest, text messages
Cell Phone Search Suppressed

Cell Phone Search | Evidence Suppressed

Criminal Defense Attorney / Lawyer notes a recent Cell Phone Search ruling on a Motion to Suppress Evidence, filed pursuant to Rule 3.190(h), Florida Rules of Criminal Procedure. Search and seizure law can apply to cell phones. Lately cops have been searching the phones and calling them a Search incident to arrest. Sometimes cops claim they need to search a phone for the safety of the officer. One court just ruled that a cell phone seized incident to defendant’s arrest posed no risk to officer safety. The scope of a search has been limited, since a cellular telephone is not a container that could hold weapon. Sometimes police justify a search claiming that evidence will be destroyed. A court just ruled that once a phone was seized, there was no longer risk that defendant could destroy evidence in phone. The court concluded that a warrantless search of contents of cell phone was unlawful and a Motion to Suppress was granted.

Cell Phone Search Questions? Call Me Toll Free 1-877-793-9290.

Defense alleged an unlawful search of the Defendant’s cellular telephone including: texts, pictures, the call history, and/or observations made by Officer. Testimony showed cop “found the Defendant’s cell phone while searching his person at the scene, but then later examined the cell phone further at the police station while the Defendant was still being processed. Officer Clark testified that he found text messages regarding the sale of cocaine while he was looking through the Defendant’s phone.”

Cell Phone Court Ruling

Court ruled, “When an officer arrests someone who has a cell phone in their possession, here may very well be reason to suspect that the phone contains valuable information, particularly in drug-related arrests. The call logs and address books could help link a defendant to a particular drug transaction and could provide the identities of other persons involved in the illegal activity; however, these are exactly the types of situations where probable cause could be used to obtain a warrant. The reality is that most information stored on a cell phone will remain there long enough for a warrant to be secured and that numbers “lost” from recent call lists are readily obtainable from the service provider. Cell phones are outside the ambit of the search incident to arrest exception‘s reach because of their capacity for storing vast quantities of intimately personal data. If courts continue to allow the unfettered exploration of this personal data, then courts are permitting the government to execute an unwarranted search of the cell phone user’s life and habits. This intrusion cannot reasonably be justified by the rationales of officer safety and evidence preservation; therefore, a simple seizure of the cell phone must suffice until a warrant can be procured.”

The Court’s Ruling on the Cell Phone Search is Here.

Cell Phone Search Questions? Call Me Toll Free 1-877-793-9290.

Source: FLWSUPP 1805GLAS


Criminal Defense Attorney / Lawyer

Open WiFi Port Gets A Visit From Feds

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cybercrime, Child Porn, Computer Investigations, computer forensic, child pornography, Child Porn Defense Attorneys

Cybercrime, Child Porn, Computer Investigations
Wi Fi Bust

Florida Computer Crime Defense Attorney / Lawyer notes a Florida guy got a visit from the Feds, after a long distance wireless antenna was used to access his network on the 12th Floor of a Tampa Bay area condominium. The guy the Feds eventually busted was on a boat in the bay and was eventually indicted.

This Tampa Bay story has become national news. 

Call me Toll Free 1-877-793-9290 if you or a loved one have questions.

Gun and Drug Evidence Suppressed

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Firearm, Gun, Pat Down, Search and Seizure, Reasonable Suspicion

Firearm, Gun, Pat Down, Search and Seizure, Reasonable Suspicion
Gun Suppressed

Gun and Drugs were Thrown out after an Illegal Pat Down / Search

Tampa Defense Attorney recently studied a court ruling where a gun and drugs were thrown out after an illegal pat down was ruled  a warrantless search. In this Tampa court, the trial judge ruled a Pat down search of a defendant was lawful. The Appeals panel ruled otherwise, finding the officers did not have reasonable suspicion that the defendant was armed with a dangerous weapon.

 

The defendant was walking along highway and did not comply with an officers’ requests to keep his hands out of his pockets. That fact alone was not sufficient to establish reasonable suspicion. The cops saw no weapons and did not notice bulges in the defendant’s clothing to indicate that he was carrying a weapon.  Motion to suppress firearm and drugs discovered during pat down should have been granted.

Fourth Amendment right to be free from unreasonable searches and seizures

Case Excerpt: “This case presents the issue of two conflicting interests: the Fourth Amendment right to be free from unreasonable searches and seizures and the ongoing concern for officer safety in an increasingly dangerous profession. But even though the facts of this case reveal an alarming result of the pat-down—a gun—we are not permitted to be distracted by the fruit of the search. Instead, our focus must be on the justification for the search. See D.B.P. v. State, 31 So. 3d 883, 887 (Fla. 5th DCA 2010) (“The success of the search . . . is not now and never has been the test to be applied.”)”

. . .

“For a weapons pat-down search to be valid, an officer must identify objective facts indicating that the person detained is armed and dangerous. See Howell v. State, 725 So. 2d 429, 431 (Fla. 2d DCA 1999). But here, the only justification provided by the officers was the fact that Dawson refused to comply with their requests to keep his hands out of his pockets. That fact—standing alone—was insufficient to establish reasonable suspicion. The comment made by one officer that he believed Dawson “could have contraband or a weapon” was simply unsupported by any identifiable objective facts to lead him to that conclusion. Because “routine patdown searches based on general concern for officer safety are not constitutionally permitted,” McNeil v. State, 995 So. 2d 525, 526 (Fla. 2d DCA 2008), the officers lacked reasonable suspicion to conduct a pat-down search of Dawson and the trial court erred by denying the suppression motion.”

The Complete Pat Down Opinion is available for download here.

Source: 36 Fla. L. Weekly D804a

Jury Selection | Juror Questionnaires | Barry Bonds

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Juror Questionaire, Jury Selection, Jurors

Juror Questionaire, Jury Selection, Jurors
Juror Questionnaires

Questions for Potential Jurors

“jury decision should be based upon the evidence in court, trial lawyers want to know if prospective jurors have been following a case in the media”

Defense Attorneys who go to trial would like to know more about those who are seated on a jury in their client’s trials. In a jury trial dozens of people are called by the court and interviewed by the lawyers and in some case, by the judge. Some trial courts allow for written questions to be answered by potential jurors to aid in the selection process. I have spent some time reviewing a juror questionnaire in a high profile trial in federal court and listed a few questions below. Our readers can view a recent Federal Juror Questionnaire here. We have also posted a Juror Questionnaire used in an entertainment personality’s trial here.

Since a jury decision should be based upon the evidence in court, trial lawyers want to know if prospective jurors have been following a case in the media. Now that means television, radio, newspapers, and the internet.

31. How often do you use the Internet?
( ) Never ( ) A little ( ) Sometimes ( ) A lot ( ) Every day
What sort of things do you use the Internet for?
What sort of information do you obtain from the Internet?
Which web sites do you visit regularly?
32. Do you like to “blog” or read blogs on the Internet? ( ) Yes ( ) No
IF YES, which blogs do you visit?
33. Do write your own blog or post comments on other blogs? ( ) Yes ( ) No
IF YES, what is the name of your blog or what blogs do you post comments to?
47. Reports about this case have appeared in the news. Have you seen, heard or read anything about this case? (This includes not only anything you may have seen or read in the media, but also anything you might have heard from relatives, friends or coworkers.)
( ) Yes ( ) No
IF YES, please indicate where you heard or read about this case by checking all that apply:
( ) TV News ( ) Radio News ( ) Newspaper ( ) Magazines ( ) Books, including “Game of Shadows”( ) Internet ( ) On-Line ( ) Conversations ( ) Overheard others discussing the case
Will there be a Jury Selected in Your Case? Call for a Free Telephone Consultation 1-877-793-9290.

Spring Break High Tech Mobile Arrest | Florida Update

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Cops and Businesses Monitor Visitors

Spring Break Update | Criminal Defense Expert,  notes that some police agencies are employing mobile 3G and WiFi ID Card Scanners,  and a non-discretionary “zero tolerance” policy to encountering and arresting Spring Break visitors. Police are using fairly vague and discretionary charges, such as Disorderly Conduct Florida Statute 877.03. These seemingly minor charges can result in a permanent criminal record. See details about this charge below.

Also we note that one restaurant on a beach has over a dozen security cameras monitoring the activities of beach-goers. One media outlet predicted, “more than 2 million students will be on break.” BayNews9.com . With the foolishness of zero-tolerance policies we expect Florida Courts and jails to be packed. Casey frequently represents out-of-state visitors charged with offenses while on vacation.

For Help Call 1-877-793-9290

 

Security Cameras

One small Florida police department has even installed a couple of cameras mounted on utility poles to monitor beach visitors. Expect that law enforcement will also be using readily available portable card scanners that will retrieve age information from the back of Florida (and possibly other) state driver’s licenses.

Back of Florida License

According to official sources with the State of Florida, “The (Florida License and ID Cards) cards are created using a new, updated digital imaging process. This process stores all the information from the front of the card in a 2-D barcode and magnetic stripe located on the back (see photo to your left). Driver license class, restrictions, conditions, and endorsements specific to the driver are printed on the back.” DHSMV Official Site.

For Help Call 1-877-793-9290


Disorderly Conduct | Summary of Charge

Florida Statute: 877.03
Level: 2nd Degree Misdemeanor

Breach of the peace; disorderly conduct.

Whoever commits such acts as are of a nature to corrupt the public morals, or outrage the sense of public decency, or affect the peace and quiet of persons who may witness them, or engages in brawling or fighting, or engages in such conduct as to constitute a breach of the peace or disorderly conduct, shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

For Help Call 1-877-793-9290

Underage Drinking | Open Container | Summary of the Charges

Many Florida Communities have very stringent Open Container Laws that prohibit possession of open containers away from licensed facilities (Bars) and particularly on some beaches. Below are details of one such ordinance.

Sample Open Container Ordinance

Tampa Open Container Ordinance Sec. 3-40. – Consumption and possession of open containers on streets, sidewalks, alleys and other public property.
(a)It is unlawful for any person to consume, assist or aid another to consume any alcoholic beverage upon any street, sidewalk, alley or other public property within the city.
(b)It is unlawful for any person to possess an open container of an alcoholic beverage upon any street, sidewalk, alley or other public property, including public or semi-public parking lots, within the city.
(1)As used in subsection (b), “open container” means any vessel or container containing an alcoholic beverage, including beer or wine, which is immediately capable of consumption or the seal of which has been broken.
(2)An open container shall be considered to be in the possession of the person if the container is in the physical control of such person.
(c)Subsections (a) and (b) do not apply when:
(1)The street, connecting sidewalk or alley has been officially temporarily closed upon application to the director of public works and the approval of the city council for the purpose of a block party as provided in this Code; or
(2)A portion of a sidewalk has been leased and permitted as a sidewalk café as provided for in chapter 22 of this Code; or
(3)Public property has been zoned and permitted for the sale of alcoholic beverages pursuant to law; or
(4)A portion of the street, connecting sidewalk or alley has been marked and/or designated as a crossing for a public golf course.
For Help Call 1-877-793-9290
Florida Underage Drinking Statute
562.111 Possession of alcoholic beverages by persons under age 21 prohibited.
(1) It is unlawful for any person under the age of 21 years, except a person employed under the provisions of s. 562.13 acting in the scope of her or his employment, to have in her or his possession alcoholic beverages, except that nothing contained in this subsection shall preclude the employment of any person 18 years of age or older in the sale, preparation, or service of alcoholic beverages in licensed premises in any establishment licensed by the Division of Alcoholic Beverages and Tobacco or the Division of Hotels and Restaurants. Notwithstanding the provisions of s. 562.45, any person under the age of 21 who is convicted of a violation of this subsection is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083; however, any person under the age of 21 who has been convicted of a violation of this subsection and who is thereafter convicted of a further violation of this subsection is, upon conviction of the further offense, guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(2) The prohibition in this section against the possession of alcoholic beverages does not apply to the tasting of alcoholic beverages by a student who is at least 18 years of age, who is tasting the alcoholic beverages as part of the student’s required curriculum at a postsecondary educational institution that is institutionally accredited by an agency recognized by the United States Department of Education and that is licensed or exempt from licensure pursuant to the provisions of chapter 1005 or is a public postsecondary education institution; if the student is enrolled in the college and is tasting the alcoholic beverages only for instructional purposes during classes that are part of such a curriculum; if the student is allowed only to taste, but not consume or imbibe, the alcoholic beverages; and if the alcoholic beverages at all times remain in the possession and control of authorized instructional personnel of the college who are 21 years of age or older.
(3) In addition to any other penalty imposed for a violation of subsection (1), the court shall direct the Department of Highway Safety and Motor Vehicles to withhold issuance of, or suspend or revoke, the violator’s driver’s license or driving privilege, as provided in s. 322.056.
For Help Call 1-877-793-9290

Source: https://www.baynews9.com/article/news/2011/march/215091/Police-cracking-down-during-spring-break
https://www.flhsmv.gov/ddl/newformat.html

Video Tampa Prescription Drug Roundup | Breaking News

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Operation Pain Reliever, Tampa Prescription Drug Defense Lawyer, Oxycontin,

Operation Pain Reliever, Tampa Prescription Drug Defense Lawyer, Oxycontin,
Oxycontin

Oxycodone, morphine, methadone, amphetamines, hydrocodone, xanax, and other types of prescription medication legal  problems

Tampa Prescription Drug Defense Lawyer just received a report of yet another Prescription Drug roundup as HCSO Hillsborough County Sheriff’s Deputies deputies made 33 arrests for dealing prescription medications. Code Name: Operation Pain Reliever .

Former Drug Court Prosecutor W.F. “Casey” Ebsary, Jr. is now available to help both the accused and their family members with all types of drug charges. Casey can help with oxycodone, morphine, methadone, amphetamines, hydrocodone, xanax, and other types of prescription medication legal  problems.

Need Relief? Call me Toll Free 1-877-793-9290.




Source: https://www.tampabay.com/news/publicsafety/crime/as-bondi-announces-crackdown-on-prescription-meds-33-arrested-in/1149356

Hillsborough Prescription Drug Busts | Operation Pain Reliever | Prescription Drug Defense Lawyer

Tampa Police Arrest 2011 Gasparilla Video

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Tampa Criminal Defense Attorney / Lawyer, Casey Ebsary, found this internet Video produced by the Tampa Police Department. We have been working through the night helping those who were charged at this year’s Gasparilla Pirate Fest in Tampa, Florida  near Bayshore Boulevard..

Call Me Toll Free at 1-877-793-9290.

Gasparilla Arrest Video, Tampa Police, Open Container, Possession of Alcohol

Gasparilla Arrest Report Update | 359 Arrests

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Gasparilla Arrest Report Update: “Tampa police reported 349 arrests, most for alcohol violations and all but three misdemeanors. The felonies were charges for grand theft auto, resisting arrest with violence and battery on a law enforcement officer. Hillsborough County deputies made an additional 10 arrests on disorderly conduct or open container charges.” 


Original Report Gasparilla Arrest; 222 Arrests


Source: https://www.tampabay.com/news/bigger-crowds-fewer-arrests-and-a-continuing-clamor-for-beads-mark/1148560

Gasparilla Arrest | Notice to Appear | Affordable Help From Attorney | Lawyer

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Gasparilla Arrest? Notice to Appear? Get Affordable Help From an Attorney | Lawyer | Toll Free 1-877-793-9290

 

One recent Gasparilla, there were 5 BUI Boating Under the Influence Arrests. The Police, Sheriff’s Office, Coast Guard, and Florida Fish and Wildlife will be using a Mobile Facility this year to process arrests made on the water. See video at bottom of this article. Many of these charges listed below are criminal charges that can result in a permanent criminal record

Common Charges From The Gasparilla Weekend.

Possession Open Container

If you have been charged with TPOR0064 POSSESSION OF OPEN CONTAINER you can call a Defense Attorney Tampa at 1-877-793-9290 and tell me your story.

Form Code: TPOR0064
City of Tampa Municipal Code: 003.40.B
Level: Municipal/Local
Description: POSSESSION OF OPEN CONTAINER

TPOR0064 POSSESSION OF OPEN CONTAINER one of the most commonly charged offenses in Hillsborough County, Florida.

Sec. 3-40. – Consumption and possession of open containers on streets, sidewalks, alleys and other public property.

(b) It is unlawful for any person to possess an open container of an alcoholic beverage upon any street, sidewalk, alley or other public property, including public or semi-public parking lots, within the city.

(1) As used in subsection (b), “open container” means any vessel or container containing an alcoholic beverage, including beer or wine, which is immediately capable of consumption or the seal of which has been broken.

(2) An open container shall be considered to be in the possession of the person if the container is in the physical control of such person.

 

Tampa Open Container Ordinance Sec. 3-40. – Consumption and possession of open containers on streets, sidewalks, alleys and other public property.
 
(a)It is unlawful for any person to consume, assist or aid another to consume any alcoholic beverage upon any street, sidewalk, alley or other public property within the city.
 
(b)It is unlawful for any person to possess an open container of an alcoholic beverage upon any street, sidewalk, alley or other public property, including public or semi-public parking lots, within the city.
 
(1)As used in subsection (b), “open container” means any vessel or container containing an alcoholic beverage, including beer or wine, which is immediately capable of consumption or the seal of which has been broken.
 
(2)An open container shall be considered to be in the possession of the person if the container is in the physical control of such person.
 
(c)Subsections (a) and (b) do not apply when:
 
(1)The street, connecting sidewalk or alley has been officially temporarily closed upon application to the director of public works and the approval of the city council for the purpose of a block party as provided in this Code; or
 
(2)A portion of a sidewalk has been leased and permitted as a sidewalk café as provided for in chapter 22 of this Code; or
 
(3)Public property has been zoned and permitted for the sale of alcoholic beverages pursuant to law; or
 
(4)A portion of the street, connecting sidewalk or alley has been marked and/or designated as a crossing for a public golf course.
 
(Ord. No. 99-229, § 1, 10-28-99; Ord. No. 2007-19, § 2, 2-1-07)

 

MISC0112 POSSESSION OF ALCOHOLIC BEVERAGE BY PERSON UND

 
Possess Alcohol Under 21 
If you have been charged with MISC0112 POSSESSION OF ALCOHOLIC BEVERAGE BY PERSON UND you can call a Tampa Criminal Defense Lawyer at 1-877-793-9290 and tell me your story.
 
MISC0112 POSSESSION OF ALCOHOLIC BEVERAGE BY PERSON UND is often charged in Hillsborough County, Florida.
 

Title XXXIV ALCOHOLIC BEVERAGES AND TOBACCO
Chapter 562 BEVERAGE LAW: ENFORCEMENT

562.111 Possession of alcoholic beverages by persons under age 21 prohibited.

(1) It is unlawful for any person under the age of 21 years, except a person employed under the provisions of s. 562.13 acting in the scope of her or his employment, to have in her or his possession alcoholic beverages, except that nothing contained in this subsection shall preclude the employment of any person 18 years of age or older in the sale, preparation, or service of alcoholic beverages in licensed premises in any establishment licensed by the Division of Alcoholic Beverages and Tobacco or the Division of Hotels and Restaurants. Notwithstanding the provisions of s. 562.45, any person under the age of 21 who is convicted of a violation of this subsection is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083; however, any person under the age of 21 who has been convicted of a violation of this subsection and who is thereafter convicted of a further violation of this subsection is, upon conviction of the further offense, guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(2) The prohibition in this section against the possession of alcoholic beverages does not apply to the tasting of alcoholic beverages by a student who is at least 18 years of age, who is tasting the alcoholic beverages as part of the student’s required curriculum at a postsecondary educational institution that is institutionally accredited by an agency recognized by the United States Department of Education and that is licensed or exempt from licensure pursuant to the provisions of chapter 1005 or is a public postsecondary education institution; if the student is enrolled in the college and is tasting the alcoholic beverages only for instructional purposes during classes that are part of such a curriculum; if the student is allowed only to taste, but not consume or imbibe, the alcoholic beverages; and if the alcoholic beverages at all times remain in the possession and control of authorized instructional personnel of the college who are 21 years of age or older.

(3) In addition to any other penalty imposed for a violation of subsection (1), the court shall direct the Department of Highway Safety and Motor Vehicles to withhold issuance of, or suspend or revoke, the violator’s driver’s license or driving privilege, as provided in s. 322.056.

Common Charges From The Gasparilla Weekend.

DUI Driving Under Influence

If you have been charged with TRAF1012 DRIVING UNDER THE INFLUENCE You can call a Tampa Criminal Defense Lawyer at 1-877-793-9290 and tell me your story.

Form Code: TRAF1012

Florida Statute: 316.193.1
Level: Misd (Misdemeanor)
Degree: 2nd

Description: DRIVING UNDER THE INFLUENCE

Title XXIII MOTOR VEHICLES
Chapter 316 STATE UNIFORM TRAFFIC CONTROL

316.193 Driving under the influence; penalties.

(1) A person is guilty of the offense of driving under the influence and is subject to punishment as provided in subsection (2) if the person is driving or in actual physical control of a vehicle within this state and:

(a) The person is under the influence of alcoholic beverages, any chemical substance set forth in s. 877.111, or any substance controlled under chapter 893, when affected to the extent that the person’s normal faculties are impaired;

(b) The person has a blood-alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood; or

(c) The person has a breath-alcohol level of 0.08 or more grams of alcohol per 210 liters of breath.

Common Charges From The Gasparilla Weekend.

DUI Over .08

If you have been charged with TRAF1015 DRIVING UNDER THE INFLUENCE UNLAWFUL BREATH A (DUI determined with a Breathalyzer Intoxilyzer Machine) you can call a Tampa DUI Lawyer at 1-877-793-9290 and tell me your story.

Form Code: TRAF1015
Florida Statute: 316.193.1C
Level: Misd (Misdemeanor)
Degree: 2nd
Description: DRIVING UNDER THE INFLUENCE  UNLAWFUL BREATH A (DUI determined with a Breathalyzer Machine)

TRAF1015 DRIVING UNDER THE INFLUENCE  UNLAWFUL BREATH A (DUI determined with a Breathalyzer / Intoxilyzer Machine) one of the most commonly charged offenses in Hillsborough County, Florida.

 

Title XXIII MOTOR VEHICLES
Chapter 316 STATE UNIFORM TRAFFIC CONTROL

316.193 Driving under the influence; penalties.

(1) A person is guilty of the offense of driving under the influence and is subject to punishment as provided in subsection (2) if the person is driving or in actual physical control of a vehicle within this state and:

(a) The person is under the influence of alcoholic beverages, any chemical substance set forth in s. 877.111, or any substance controlled under chapter 893, when affected to the extent that the person’s normal faculties are impaired;

(b) The person has a blood-alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood; or

(c) The person has a breath-alcohol level of 0.08 or more grams of alcohol per 210 liters of breath.

Police Will Also Be on the Lookout For:

Open Containers Permitted Only Along The Parade Route – In Designated Areas
 
Must Be 21 Or Older To Consume Alcohol
 
Alcohol May Not Be Consumed From Kegs Or Large Vessels
 
No Glass Permitted
 
Use Port-O-Lets Or Other Restroom Facilities
 
No Fighting
 
No Trespassing On Private Property 
 
No Flashing Or Nudity For Beads


Common Charges From The Gasparilla Weekend.

Notice to Appear? Tell Me Your Story Toll Free 1-877-793-9290 .


Chapter 901 ARRESTS

901.28 Notice to appear for misdemeanors or violations of municipal or county ordinances; effect on authority to conduct search. — The issuance of a notice to appear shall not be construed to affect a law enforcement officer’s authority to conduct an otherwise lawful search, as provided by law.

 

901.31 Failure to obey written promise to appear.—Any person who willfully fails to appear before any court or judicial officer as required by a written notice to appear shall be fined not more than the fine of the principal charge or imprisoned up to the maximum sentence of imprisonment of the principal charge, or both, regardless of the disposition of the charge upon which the person was originally arrested. Nothing in this section shall interfere with or prevent the court from exercising its power to punish for contempt.

 

BUI Video 


Gasparilla Arrest? Get Affordable Help From an Attorney | Lawyer | Toll Free 1-877-793-9290