Robert Barbosa Arrested for Growing Marijuana in Greenacres, Florida
Robert Barbosa was arrested for marijuana related offenses in Greenacres, Florida on Monday. Specifically, Barbosa's marijuana arrest was for cultivation of marijuana and possession of drug paraphernalia. It is presently unknown whether or not he has been released on bond.
Based on what is reported in the news, I suspect that Barbosa may be able to get his entire case dropped.
According to news reports, police were called to Barbosa's home when "someone reported the garage door suspiciously open." Upon approaching the residence, police claim to have smelled marijuana. At some point thereafter, police obtained a search warrant and discovered the presence of 66 marijuana plants in various stages of growth. Barbosa's marijuana arrest followed thereafter.
This case presents some interesting issues regarding police search and seizure and I think someone in Robert Barbosa's position would be best served by hiring a criminal defense attorney as soon as possible.
Of course, before any concrete conclusions may be drawn, all the facts of Mr. Barbosa's case must be known and analyzed. At the present time, only limited information is available. Whether or not Barbosa's marijuana arrest was justified or not, will be determined based on the specific facts of the case.
However, based on what has been reported in the news, it seems like Robert Barbosa's entire case will come down to the validity of the search warrant and whether or not he was the sole occupant of the home.
To properly defend Barbosa, his defense lawyer will need to learn more about the "suspiciously open garage door."
First of all, did the caller identify him or herself to police or was the call made anonyously?
Second, what exactly did the caller actually report? Did he/she frantically call to 9-1-1 or was the police department's non-emergency number used? Did the caller report how long the door was open? Overnight? All day? A few hours?
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