Tag: shelton

BS ALERT: Cop says tossing out drug law “encourages drug use”

Read this article: http://www.tampabay.com/news/courts/criminal/miami-judge-tosses-out-drug-cases-cites-federal-ruling/1186550. It gives the good news, which is that a Miami judge has granted motions to dismiss in 39 drug possession cases. I have already provided the order to the local judges hearing my motions to dismiss.

What boggles my mind is the Miami police officer, who is quoted as saying that the decision makes it harder for cops to enforce drug laws and “encourages drug use.”


NO ONE is going to run out and use drugs because Milt Hirsch granted a motion. Most of them are to high to know he did it in the first place.

Police officers should be wary of adopting attitudes like the one of their brethren in Miami. Police and deputies cannot blame lawyers and judges who do their jobs. If the law is bad and needs correcting, then so be it. Fix it. Until then, we must challenge all arrests predicated on that bad law. No one is making it harder to enforce drug laws EXCEPT THE FLORIDA LEGISLATURE.

Finally, do not blame drug use on the judge. That’s just stupid. And if you’re that stupid, we know why you think an unconstitutional law should be enforced, and we really don’t trust you to be out there enforcing it to begin with.

After all, don’t most evidence suppressions come from cops not knowing the law, or simply disregarding it? Riiiiiight. . .



All of you are invited to a meeting scheduled for 8/12/11 at 1:30 PM at the Hillsborough County Bar Association, Chester H. Ferguson Law Center, 1610 North Tampa Street, Tampa FL 33602. The general meeting will be devoted to the issue of 893 and Shelton and to the creation of a unified motion regarding Fla. Stat. 893.13 for use in state court. HACDL is obtaining the input of many outstanding federal and state trial lawyers, as well as appellate lawyers for this meeting.

No RSVP is required, anyone interested may attend.  If you are not an attorney but interested in attending, please call your attorney or Joe Bodiford at 222-0032.