A man has been arrested in Jacksonville for cultivating 99 marijuana plants. David Franqui was arrested on May 4th for cultivation of marijuana in Jacksonville, a third degree felony. This crime is punishable for up to 5 years in prison. In addition to the pot plants, police found 5 pounds of marijuana in a freezer. JSO got a warrant to search Franqui’s home.
As Jacksonville Marijuana Lawyers, our clients are often arrested after the police execute a search warrant on their home. In order to get a warrant to search someone’s home on suspicion of cultivation, the police must demonstrate probable cause to believe the house is being used for the purpose of violating the laws relating to drug abuse. The officer will first list his or her qualifications, how long they have been on the force and narcotic experience. Police will then usually examine JEA records on the residence to demonstrate the suspect’s bill is high compared to comparably sized homes. JSO will then usually conduct a “knock and talk” at the house. Inevitably, when the police approach the door, they will smell the odor of marijuana emitting from the home. The officer will then take this information to a judge to get a search warrant. The first thing a Jacksonville Pot Attorney will analyze is the affidavit for the search warrant to make sure the police followed proper procedure. If JSO did not get it right, the Jacksonville Criminal Defense Attorney can file a motion to suppress everything that was found as a result of the illegal search in Jacksonville.