State v. Hernandez

The defendant, Alberto Hernandez, was charged with trafficking in cannabis and possession of a place for the purpose of trafficking based on the seizure of a large quantity of marijuana the defendant was cultivating inside his home. After conducting an evidentiary hearing, and unfortunately in reliance on an incorrect representation of the law by defense counsel, the trial court suppressed the defendant’s statements and the physical evidence. We reverse.

The evidence is as follows. Five officers from the Miami-Dade Police Narcotics Bureau responded to the defendant’s residence in two unmarked…