In a recent appellate decision arising out of a Broward County court decision, the defendant appealed his withholding of adjudication and sentence for one count of possession of cocaine after a plea. The appellate court considered whether the cocaine was found as a result of an Florida illegal search and seizure.
The case arose when the police discovered crack cocaine in the defendant’s food container. Early one morning, two police officers were patrolling an area known for being a high crime area. An officer wearing a vest with the word “Sheriff” written on it was driving an unmarked SUV with the windows rolled down. As the police officer started to turn at an intersection, he saw two men standing at the corner of it. One of the men was holding a fork and a food container.
The defendant turned and looked up with a startled expression. He dropped his fork, as well as a yellow item that he tried to push down into the food container. The officer recognized that the item was crack. The police officer stopped. He took the container, which held grits. The items were pulled out of the grits and tested and found to be crack.