Wallace Deaton was pulled over a civil traffic infraction and the police officer asked him for consent to search his person. Not knowing your rights, Wallace allowed the officer to search and the officer found one oxycodone pill in Wallace's pocket. Wallace told the officer he has a prescription for the pill but its at home. Wallace is arrested for possession of a controlled substance and taken to jail.
Wallace appealed his case to the Fourth District Court of Appeals. The Fourth DCA held that the officer did not have probable cause to arrest because oxycodone may be lawfully possessed with a valid prescription and Wallace's possession of a single pill in his pocket implied that he was the ultimate user and nothing more. The Court stated further that possession of a loan pill did not create a fair probability that he had more of the same.
The Court did look closely as the circumstances of the case. If there had been more pills in Wallace's pocket the Court would probably have reached a different result.
If you have been arrested for carrying your prescription medication, contact The Law Office of Timothy Hessinger to defend your rights. The Law Office of Timothy Hessinger defends all types of drug charges, including trafficking in the Tampa area.