COUPLE CHARGED WITH A GROW HOUSE HAVE THEIR CASES DISMISSED AFTER ERICK PREVAILS ON A MOTION TO SUPPRESS
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By June 14, 2017 Posted in
A couple was charged with running an underground marijuana grow laboratory in their home after police went to their home and found over 100 pounds of marijuana. The police went to the home after they received a tip from electrical workers that the house was consuming too much electricity, although not correctly registering at the meter. The electrical workers entered into the property and discovered that the electricity was being diverted around the meter and called police. The officers who responded, without a warrant, consent or acting under exigent circumstances, entered the property and conducted their investigation. The officers pounded on the door until the clients came out. They were immediately detained while the officers searched the house. The officers found a trap door that led to an underground bunker. Inside the bunker, the officers discovered dozens of marijuana plants. Inside the house, the officers found cultivation and distribution equipment. The couple was charged with trafficking in marijuana and operating a marijuana grow lab.
Following their arrest, Erick Cruz was able to obtain their release on bail after satisfying a Nebbia condition that was placed on their bond. Erick presented documentation to prove that the source of the money used to pay the bond premium was from a legitimate source and not proceeds of illegal activity. Thereafter, Erick began mapping out the defense of the case and he quickly recognized that the search and seizure was problematic and violated the Constitution of the United States. Erick deposed the officers and asked specific questions designed to support his contention that the search was illegal. After getting the officers to admit to crucial details, Erick conducted further research and prepared a motion to suppress all of the evidence.
At the hearing on the motion to suppress, Erick cross-examined the electrical workers and police officers and got them to concede that they did not have a warrant, that his clients did not give them permission to enter the property and that they did not act pursuant to an emergency. After the hearing, the judge granted the motion to suppress all of the evidence. Thereafter, the prosecutor was forced to dismiss the charges against the couple.
During his time as a prosecutor, Erick Cruz attended trainings specifically dealing with the prosecution of drug cases. Erick knows the correct way to investigate and prosecute these cases and more importantly how to defend against the charges in Miami. Erick has used this knowledge to successfully defend countless people charged in connection with drug distribution cases.
Call Erick to discuss your case with him and find out how he can get your case dismissed, charges and sentence reduced and your arrest record sealed or expunged.