Hydroponics operations are often found within foreclosed and abandoned homes, however, such operations are also run in rental homes.
Many marijuana growers in Palm Beach County rent homes from landlords as tenants solely for the purpose of creating a grow house within the space. Growers typically look for homes in Palm Beach County with large attic space to accommodate the technology that will be used. In homes with sparse attic space, holes are cut in walls to provide for adequate ventilation. Operations are also run underneath the rental space to provide the needed ventilation. Ventilation is needed in grow houses not only because of the high intensity lamps utilized but also because the irrigations systems used for plant grown cause dampness in the home. In addition to physically altering the residence for ventilation, specialized curtains, flooring, and insulation are also used and modified to reduce the heat within the house.
Hydroponics operations in rental homes are discovered by landlords requesting to inspect the property. Many people rent homes and never even see their landlords throughout the entire lease period. Landlords have the contractual right under the lease to inspect their rental properties upon giving merely 24 hour notice to renters. Many landlords in Palm Beach County are wary of the fact that growers utilize rental homes for grow houses. When they begin to notice hydroponic materials, unusual modifications to the home, reports of high power usage, or even mold, they may request to enter the home themselves or report their findings to police officers in Palm Beach County.
Landlords are especially cautious when they suspect marijuana is being grown in their rental homes because Florida law allows charges to be brought against a homeowner or landlord who knowingly owns a house being used to grow marijuana, even if he or she does not live there. Typically, when landlords merely suspect that such an operation is underfoot, they will report their suspicions immediately to local law enforcement to protect themselves from prosecution.
If you or a loved is facing charges in connection with the operation of a Grow House in Palm Beach County, contact a Palm Beach County Criminal Defense lawyer today.
Discussions and Summaries of updates to Florida Law from the web pages of Criminal Defense Attorney, Roger P. Foley. www.lawyerfoley.com
Saturday, January 28, 2012
Thursday, December 1, 2011
Law Updates for November 24, 2011
L.M., 36 FLW 2467, 3rd DCA, CCW - Error to find juvenile guilty of CCW where weapon was BB gun which was not loaded with pellets and lacked a CO2 air cartridge and no testimony describing its operation of the nature and characteristics of injuries, if any, it was capable of inflicting, K.C.,49 So. 3d 841, 843(4th DCA 2010)
Ylomon, 36 FLW 2488, 4th DCA, Constructive possession - Court erred in denying JOA where State only proved that the defendant was sitting on a couch with a codefendant in close proximity to controlled substances and paraphernalia and no evidence was presented from which the State could infer that the defendant had the ability to exercise control over the drugs.
Jackson, 36 FLW 2499, 4th DCA, Conspiracy to traffic in oxycodone - No evidence to convict for conspiracy where there was no evidence of defendant's participation in any prior activity regarding drug transactions sufficient to establish an agreement to traffic in oxycodone. Even if present at pre-arranged drug transaction and may have been a lookout is, insufficient to prove any implied agreement, maybe proof of trafficking but no proof of underlying understanding or agreement.
Gore, 36 FLW 2500, 4th DCA, Pharmacy and medical records - Trial Court properly denied motion to suppress pharmacy records which police obtained without a warrant or subpoena. There is some expectation of privacy in pharmacy records. Police may secure pharmacy records of Ch 893 controlled substances pursuant to a criminal investigation, but not pharmacy records of all prescriptions. Trial court erred in denying motion to suppress medical records and physician statement which police obtained without a subpoena or defendant's authorization.
Ylomon, 36 FLW 2488, 4th DCA, Constructive possession - Court erred in denying JOA where State only proved that the defendant was sitting on a couch with a codefendant in close proximity to controlled substances and paraphernalia and no evidence was presented from which the State could infer that the defendant had the ability to exercise control over the drugs.
Jackson, 36 FLW 2499, 4th DCA, Conspiracy to traffic in oxycodone - No evidence to convict for conspiracy where there was no evidence of defendant's participation in any prior activity regarding drug transactions sufficient to establish an agreement to traffic in oxycodone. Even if present at pre-arranged drug transaction and may have been a lookout is, insufficient to prove any implied agreement, maybe proof of trafficking but no proof of underlying understanding or agreement.
Gore, 36 FLW 2500, 4th DCA, Pharmacy and medical records - Trial Court properly denied motion to suppress pharmacy records which police obtained without a warrant or subpoena. There is some expectation of privacy in pharmacy records. Police may secure pharmacy records of Ch 893 controlled substances pursuant to a criminal investigation, but not pharmacy records of all prescriptions. Trial court erred in denying motion to suppress medical records and physician statement which police obtained without a subpoena or defendant's authorization.
Thursday, November 17, 2011
Law Updates for November 11, 2011
Hernandez, 36 FLW 648, Fla, A Driver's License Suspension can be predicated upon a refusal to submit to a breath test, not only if the refusal is incident to a lawful arrest. Driver can not be precluded from challenging whether the refusal is from an unlawful arrest.
Page, 36 FLW 2395, 4th DCA, Trial court erred in finding that the officer's use of defendants's name and date of birth for a warrants check turned consensual encounter into an encounter requiring reasonable suspicion.
Blue, 36 FLW 2399, 4th DCA, Jessica Lunsford Act went into effect July 1, 2007. If someone's case happened in 2001 and VOP in 2009, they do not automatically have to wear the monitor, but can still apply monitor under 948.30(2)(c) if the court makes the requisite findings.
Harris, 36 FLW 2400, 4th DCA, Possession of cocaine with intent to sell - Evidence was insufficient to exclude the reasonable hypothesis of innocence that crack cocaine found in defendant's possession was for personal use. The officer's conclusion that the fifty rocks found were for sale to others was not supported by any corroborating facts other than the amount, and the fact that the defendant did not possess any paraphernalia, and the rocks were all in one package. This is a good summary of the case law in this area.
The Law Offices of Roger P. Foley, P.A.
Page, 36 FLW 2395, 4th DCA, Trial court erred in finding that the officer's use of defendants's name and date of birth for a warrants check turned consensual encounter into an encounter requiring reasonable suspicion.
Blue, 36 FLW 2399, 4th DCA, Jessica Lunsford Act went into effect July 1, 2007. If someone's case happened in 2001 and VOP in 2009, they do not automatically have to wear the monitor, but can still apply monitor under 948.30(2)(c) if the court makes the requisite findings.
Harris, 36 FLW 2400, 4th DCA, Possession of cocaine with intent to sell - Evidence was insufficient to exclude the reasonable hypothesis of innocence that crack cocaine found in defendant's possession was for personal use. The officer's conclusion that the fifty rocks found were for sale to others was not supported by any corroborating facts other than the amount, and the fact that the defendant did not possess any paraphernalia, and the rocks were all in one package. This is a good summary of the case law in this area.
The Law Offices of Roger P. Foley, P.A.
Monday, November 7, 2011
Law Updates for October 28, 2011
Perez, 36 FLW 2288, 2nd DCA, Limitation of actions - Trial Court properly dismissed grand theft charge where capias was issued within limitation period but not executed until eight years after the offense, when earlier than when the information was filed.
Baynham, 36 FLW 2291, 4th DCA, Speedy trial - Error to find that speedy trial period commenced on date defendant was taken into custody for acts of using a false name and riding bike without a light. Trial Court misapplied "criminal episode" standard of speedy trial rule by placing greater emphasis on ongoing investigation of police, than actions of defendant. Delivery earlier same day of arrest but not charged for that offense for a year.
Dorsey, 36 FLW 2299, 4th DCA, Jury instruction, Stand your Ground Law - Trial Court erred in instructing jury on the stand your ground law, rejecting defendant's proposed instruction, where there was evidence that defendant was engaged in an unlawful activity at the time of the shooting that adequately addressed the scope of the duty to retreat in these cases and was a correct statement of the law, not misleading or confusing.
Lanzo, 36 FLW 2335, 5th DCA, Burglary dwelling - Error to give stealth instruction after victim came home to see defendant in open garage during the day holding the victim's bicycle. Error to permit stealth instruction where the defendant was seen in an open garage, in daylight hours, in full view of any passerby. There was no evidence that defendant approached the home in a furtive manner. Defendant left the garage by simply walking down the street, and defendant readily spoke with the victim and the officer.
Price, 36 FLW 2343. 2nd DCA, "Under color of office doctrine", Officer did not violate color of office doctrine where officer could have made a citizen stop, where defendant's erratic driving was observable by any private citizen on the interstate, and the defendant's conduct amounted to a breach of the peace. Officer did not use the power of his office to observe unlawful activity or gain access to evidence not available to a lawful citizen.
The Law Offices of Roger P. Foley, P.A.
Baynham, 36 FLW 2291, 4th DCA, Speedy trial - Error to find that speedy trial period commenced on date defendant was taken into custody for acts of using a false name and riding bike without a light. Trial Court misapplied "criminal episode" standard of speedy trial rule by placing greater emphasis on ongoing investigation of police, than actions of defendant. Delivery earlier same day of arrest but not charged for that offense for a year.
Dorsey, 36 FLW 2299, 4th DCA, Jury instruction, Stand your Ground Law - Trial Court erred in instructing jury on the stand your ground law, rejecting defendant's proposed instruction, where there was evidence that defendant was engaged in an unlawful activity at the time of the shooting that adequately addressed the scope of the duty to retreat in these cases and was a correct statement of the law, not misleading or confusing.
Lanzo, 36 FLW 2335, 5th DCA, Burglary dwelling - Error to give stealth instruction after victim came home to see defendant in open garage during the day holding the victim's bicycle. Error to permit stealth instruction where the defendant was seen in an open garage, in daylight hours, in full view of any passerby. There was no evidence that defendant approached the home in a furtive manner. Defendant left the garage by simply walking down the street, and defendant readily spoke with the victim and the officer.
Price, 36 FLW 2343. 2nd DCA, "Under color of office doctrine", Officer did not violate color of office doctrine where officer could have made a citizen stop, where defendant's erratic driving was observable by any private citizen on the interstate, and the defendant's conduct amounted to a breach of the peace. Officer did not use the power of his office to observe unlawful activity or gain access to evidence not available to a lawful citizen.
The Law Offices of Roger P. Foley, P.A.
Thursday, October 27, 2011
Law Updates for October 21, 2011
McElroy, 36 FLW 2232, 2nd DCA, Hearsay - Trial Court erred in denying defendant's Motion in Limine to exclude hearsay statements, ruling improperly that statements made by CI were verbal acts. CI statement here served only to prove the truth of defendant's participation in cocaine purchase rather to explain the nature of the transaction or the defendant's actions, and were hearsay and not verbal acts.
Molina, 36 FLW 2235, 2nd DCA, Trial Court committed harmful error in ruling that the CI was available to both parties and therefore the Defense was not permitted to call CI as a witness at trial. No in-camera hearing, therefore court could only speculate where CI's testimony would warrant disclosure of CI's identity, and erred in ruling CI was equally available to the Defense for comment on State's failure to call at trial.
Hamilton, 36 FLW 2242, 4th DCA, Conviction of robbery with a weapon is reversed. State presented evidence that weapon was a toy not used to strike the victim, can be brought up for first time on appeal as fundamental error legally insufficient as a matter of law.
A.H., 36 FLW 2243, 4th DCA,Juveniles - Possession of weapon at school bus stop - Evidence was insufficient to prove that unloaded BB gun seen on juvenile's person was "weapon" under Florida law. No evidence that the juvenile used, or threatened to use, the BB gun in blunt fashion, consistent with being pistol whipped.
Deluise, 36 FLW 2244, 4th DCA, Trial court violated defendant's equal protection by proposing to consider a reduction in prison sentence if defendant paid at least $100,000 in restitution within 60 days of the sentence.
Davis, 36 FLW 2266, 1st DCA, Discovery - Defendant who sought to depose the victim on issue of consent after plea, prior to sentencing, was incorrect in claiming that he was entitled to depose the victim since the victim was a Category "A" witness. Category was irrelevant after guilt is determined, since language of 3.220 does not prohibit rule's application to sentencing hearings, and new evidentiary issues may arise at sentencing. Defendants have a right to conduct discovery at any crucial stage of criminal proceeding and trial court should treat discovery disputes at such stage in the same manner as those brought at trial. Court erred in weighing the merits before granting protective order. Error was harmless where issue of victims consent was fully addressed in victim's police report and testimony at sentencing hearing.
The Law Offices of Roger P. Foley, P.A.
Molina, 36 FLW 2235, 2nd DCA, Trial Court committed harmful error in ruling that the CI was available to both parties and therefore the Defense was not permitted to call CI as a witness at trial. No in-camera hearing, therefore court could only speculate where CI's testimony would warrant disclosure of CI's identity, and erred in ruling CI was equally available to the Defense for comment on State's failure to call at trial.
Hamilton, 36 FLW 2242, 4th DCA, Conviction of robbery with a weapon is reversed. State presented evidence that weapon was a toy not used to strike the victim, can be brought up for first time on appeal as fundamental error legally insufficient as a matter of law.
A.H., 36 FLW 2243, 4th DCA,Juveniles - Possession of weapon at school bus stop - Evidence was insufficient to prove that unloaded BB gun seen on juvenile's person was "weapon" under Florida law. No evidence that the juvenile used, or threatened to use, the BB gun in blunt fashion, consistent with being pistol whipped.
Deluise, 36 FLW 2244, 4th DCA, Trial court violated defendant's equal protection by proposing to consider a reduction in prison sentence if defendant paid at least $100,000 in restitution within 60 days of the sentence.
Davis, 36 FLW 2266, 1st DCA, Discovery - Defendant who sought to depose the victim on issue of consent after plea, prior to sentencing, was incorrect in claiming that he was entitled to depose the victim since the victim was a Category "A" witness. Category was irrelevant after guilt is determined, since language of 3.220 does not prohibit rule's application to sentencing hearings, and new evidentiary issues may arise at sentencing. Defendants have a right to conduct discovery at any crucial stage of criminal proceeding and trial court should treat discovery disputes at such stage in the same manner as those brought at trial. Court erred in weighing the merits before granting protective order. Error was harmless where issue of victims consent was fully addressed in victim's police report and testimony at sentencing hearing.
The Law Offices of Roger P. Foley, P.A.
Thursday, October 20, 2011
Law Updates for October 14, 2011
A.S.F., 36 FLW 2182, 4th DCA, Trial court improperly denied motion for dismissal where the State presented no evidence that the juvenile had any participation in the attack. He was present and might have, at some point been aware that the attack was going to occur, but such knowledge would not have been enough to establish the required criminal intent.
Williams v. Lamberti, 36 FLW 2223, 4th DCA, Recusal granted by Appellate Court after third time granting Habeas Corpus based on an excessive bond. At the emergency motion to grant bond the Court based its findings on the unsworn statements of a prior lawyer who had previously withdrawn, and would not listen to testimony of the Defendant, i.e., that he had complied with the previously imposed flight conditions, and had not received notice of a hearing he missed to determine that the Defendant was a flight risk for a third degree felony.
The Law Offices of Roger P. Foley, P.A.
Williams v. Lamberti, 36 FLW 2223, 4th DCA, Recusal granted by Appellate Court after third time granting Habeas Corpus based on an excessive bond. At the emergency motion to grant bond the Court based its findings on the unsworn statements of a prior lawyer who had previously withdrawn, and would not listen to testimony of the Defendant, i.e., that he had complied with the previously imposed flight conditions, and had not received notice of a hearing he missed to determine that the Defendant was a flight risk for a third degree felony.
The Law Offices of Roger P. Foley, P.A.
Tuesday, October 18, 2011
Law Updates for October 7, 2011
Davila, 36 FLW 579, Sup. Ct , A parent can be convicted of kidnapping of one's own child even if no court order involved.
Parker, 36 FLW 1245, 2nd DCA, Possession of child pornography - Defendant's conviction and sentence is reversed for possessing photographs depicting child's heads on bodies of adult females engaged in sex acts (not computer generated). 827.071 requires that the depicted sexual conduct be that of a child and photographs which leave no doubt that child engaged in a sexual act, actual or simulated and a reasonable viewer must believe the actors actually engaged in the conduct on camera, it must involve actual children.
Lester, Jr., 36 FLW 2157, 4th DCA, Hearsay, dying declaration. No error in admitting out-of-court identification made by deceased victim by blinking once for no and twice for yes in identifying the defendant.
Williams, 36 FLW 2163, 5th DCA, Husband-wife privilege. Trial court erred in admitting wife's statement that defendant needed money in order to pay his attorney (robbery case). Covered by privilege - not waive objection by not objecting in her deposition - statement regarding defendant's street name was not protected because it was information generally known in the community. Harmful error.
J.H., 36 FLW 2165, 5th DCA, Where trial court had orally announced juvenile's sentence of probation at initial disposition hearing, juvenile had begun serving his sentence when juvenile left the courtroom. Summoning juvenile back in courtroom and sentence to 3 years in residential treatment violates double jeopardy. Fact that PDR was missing a comprehensive evaluation and report had DJJ'S probation plan, in error, was not fault of the juvenile causing him to be allowed to be sentenced again.
The Law Offices of Roger P. Foley, P.A.
Parker, 36 FLW 1245, 2nd DCA, Possession of child pornography - Defendant's conviction and sentence is reversed for possessing photographs depicting child's heads on bodies of adult females engaged in sex acts (not computer generated). 827.071 requires that the depicted sexual conduct be that of a child and photographs which leave no doubt that child engaged in a sexual act, actual or simulated and a reasonable viewer must believe the actors actually engaged in the conduct on camera, it must involve actual children.
Lester, Jr., 36 FLW 2157, 4th DCA, Hearsay, dying declaration. No error in admitting out-of-court identification made by deceased victim by blinking once for no and twice for yes in identifying the defendant.
Williams, 36 FLW 2163, 5th DCA, Husband-wife privilege. Trial court erred in admitting wife's statement that defendant needed money in order to pay his attorney (robbery case). Covered by privilege - not waive objection by not objecting in her deposition - statement regarding defendant's street name was not protected because it was information generally known in the community. Harmful error.
J.H., 36 FLW 2165, 5th DCA, Where trial court had orally announced juvenile's sentence of probation at initial disposition hearing, juvenile had begun serving his sentence when juvenile left the courtroom. Summoning juvenile back in courtroom and sentence to 3 years in residential treatment violates double jeopardy. Fact that PDR was missing a comprehensive evaluation and report had DJJ'S probation plan, in error, was not fault of the juvenile causing him to be allowed to be sentenced again.
The Law Offices of Roger P. Foley, P.A.
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