Florida's Drug Law Ruling on Being Unconstitutional

[fiit4akiing]

So last year the Florida Supreme Court heard oral arguments about the drug possession law being unconstitutional but haven't came back on a ruling yet... a federal judge and the two judges within circuit court have ruled it being uncostituional and cases have gone through appeals and motions. Anyone have any new insight on this?

[xlabel]

There's an article about it on a website called the Jurist, but it's dated July 2011...haven't heard anyhting about it new lately. There's also a case Shelton vs. FL that's in the higher courts, but it pertains to mens rea (whatever that is).

FL is one screwed up state when they go buy the weight of the entire pill, c ounting the inert legal ingredients as well. What's really screwed up is some counties immedietely dispatch or just so happens a K-9 is in the area, and with no smell or visible evidence of drugs in plain site (like the search criteria was originally intended) the cops just say you're acting nervous or suspicious and it grants them authority to search away , despite a refusal from driver. What's really troubling is I wouldn't doubt for a second these dogs are trained to false alert by a command or gesture.

[StayNStrong]

A fundamental principle of Criminal Law is that a crime consists of both a mental and a physical element. Mens rea, a person's awareness of the fact that his or her conduct is criminal, is the mental element, and actual reas, the act itself, is the physical element.

Florida is the only state that places proof of innocence on the defendant instead of the state (as is constitutionally mandated.) That is why Fl Statue 893.13 was found unconstitutional on July 27, 2011.

Hope this helps!