Possession of Oxycodone Seminole County

Date: 08-20-2013

If you are arrested for possession of oxycodone in Seminole County, Florida this article may be of interest to you. Recently, the Fourth District Court of Appeals, in and for the State of Florida held that the police did not have probable cause to arrest a person for possession of oxycodone under Florida Statute 893.135 despite the fact that the person they arrested possessed an oxycodone pill outside of a pill container. In State v. Deaton, the Fourth DCA held that:


Unlike a drug such as heroin, oxycodone may be lawfully possessed with a prescription. See §§ 893.03(2)(a)1.o893.13(6)(a), Fla. Stat. (2011). Deaton’s possession of a single pill in his pocket implied that he “was the ultimate user and nothing more.” People v. Coates, 266 P.3d 397, 400 (Colo.2011). Possession of the lone pill did not create a “fair probability that he had more of the same.” Id. Likewise, nothing Deaton did prior to the stop was consistent with a person trying to buy or sell drugs on the street. When confronted by the detective, Deaton did not engage in guilty behavior by running away or dropping the pill on the roadway. As the circuit judge noted, it is not unusual for a traveler with a valid prescription to separate a pill from a prescription bottle for later consumption. Deaton’s possession of the single pill did not give rise to probable cause that he was committing a felony.


Thus, if you are arrested for possessing one oxycodone pill, or perhaps even more than one, you most likely have a very good defense. Please contact me for further information.

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