Manufacturing Cannabis Case Dismissed

Judge Bernard Bober granted Tom O’Connell’s Motion to Suppress where law enforcement approached the Defendant’s house, knocked on the door, did a “knock and talk”, and asked the Defendant for permission to enter his house after they claimed they smelled marijuana. The Defendant allowed the officers to enter his house, and consented to the search after the officers threatened to arrest the Defendant, and possibly arrest the Defendant’s Wife.

Defendant’s Wife was upstairs with the Defendant’s Child. Obviously, the Defendant was not free to go, and was surrounded by law enforcement and provided consent to search without having time to contemplate the consent, and the Defendant felt threatened by the presence of the law enforcement officers. Consequently, the Broward County State Attorney’s Officers announced a Nolle Prosequi as to Count I: Manufacturing Cannabis, Count II: Possession of Cannabis 20 grams or less, Count III: Possession of Drug Paraphernalia.