Recently, our office had the pleasure of assisting a man who was seeking presidential clemency for a non-violent drug offense. We were shocked to find out later that this man was a war hero who had been sentenced prior to the amendments to U.S.S.G. §5H1.11 which allowed military service to be considered in determining whether a departure is warranted. With the client's permission, we would like to share with you an excerpted portion of the clemency package we prepared on his behalf, along with the video we shot at our office on Veteran's day.
Most people are familiar with the "plain view" doctrine, which permits police officers to seize items without a warrant, if those items are clearly visible while the officer is performing his or her official duties. For instance, if an officer observes contraband after a lawful traffic stop, that contraband can be immediately seized. What happens when the officer "feels" an item; does the same doctrine apply? Beginning with the case of Terry v. Ohio, 392 U.S. 1 (1968), courts have not hesitated to apply the plain feel exception to warrantless searches.
Our ever vigilant clients recently brought to our attention a website claiming to be able to provide medical marijuana certificates. The website states that medical marijuana is already legal in Florida for those with a medical necessity. The website also claims that if a patient can prove medical necessity to a law enforcement officer, they are not subject to arrest. However, these claims are completely untrue.