Police deny giving special treatment to deputy's son

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Gunfire

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The 19-year-old son of a Brevard County Sheriff's top deputy remains under investigation nearly two weeks after a Titusville traffic stop uncovered a small amount of cocaine in his shoe and his father's personal handgun in his car. Jonathan Michael Lewis of Port St. John, son of Chief Deputy Mike Lewis, was given a warning ticket Aug. 25 -- because his Honda Civic had dark-tinted windows -- when he was stopped with three friends on U.S. 1 at Riveredge Drive. He has not been charged with any drug or weapons violations.

Titusville police said Lewis was not given any special treatment because of his father's law enforcement status. The handgun was not department-issued, officials said. The officer who stopped the car wrote in a report that he smelled marijuana coming from the car. He ordered Lewis to step out of the car and asked if he had any drugs or weapons. Lewis said no but also refused the officer consent to search the car. The officers then used a drug-sniffing dog and that led officers to marijuana inside the car, reports show. Officers then searched Lewis and found a small plastic bag with what later was determined to be 2 grams cocaine, and they found a loaded .40 caliber semiautomatic handgun under the driver's seat.

A short time after the discovery, the officer collecting the evidence was told by a superior that Lewis would be released to Brevard County Sheriff's West Precinct Cmdr. Mike Scully, listed in the incident report as a family friend. The officers then decided to hold charges pending further investigation, officials said.

Titusville Police Chief Tony Bollinger confirmed that officers did contact Chief Deputy Lewis to report the incident and referred the case to the agency's vice squad for further investigation. "I've got complete confidence that the officers at the scene handled it fairly and consistently. Chief Deputy Lewis was called because there was a gun his son said belonged to his dad. In our eyes (the chief deputy) was a father," Bollinger said. Bollinger said he believed the officers' actions to contact Chief Deputy Lewis as a concerned parent were "typical" but added that each case was different.

He also added that if officers come across other teens involved with drugs or in similar situations, they can use discretion to contact parents if the suspects show remorse or display a cooperative attitude. "It's easy to want to look at things in black and white or in absolutes but that doesn't resolve a situation. He's being treated as if he were Joe Smith's son and one thing had nothing to do with the other."

Bollinger said he had not read the incident report, had only a cursory knowledge of the case and had no contact with Lewis or anyone else with the sheriff's office about the case. Deputy Chief Lewis was adamant that he did not pressure police for any special favors involving his son. He also said that his family was coping with his son's situation. "This is a private family matter between me, my wife and our adult son. This is not related to the sheriff's office in anyway," Lewis said when contacted.

Brevard County Sheriff Jack Parker said he had been in contact with Lewis about the case and that there was no undue influence used on the part of the chief deputy. "When I think of someone with a strong reputation for doing the right thing I think of Mike Lewis. I haven't heard any facts that would point to any misconduct in this case," Parker said.

No charges have been filed
 
The is is why I favor decrimilization of possession of small amounts of drugs and rehab/detox. and the repeal of the fascist 10/20/Life sentencing law.

Possession of cocaine is a Felony. Possession of Firearm or Destructive Device During the Commission of a Felony is a MANDATORY Minimum 10 year prison sentence.

STATE OF FLORIDA CRIME AND PUNISHMENT

This is a scenerio that John Gutmacker, author of Florida Firearms warns us about. He is a Florida lawyer and firearms instructor. He says this happens all the time but charges usually ARE filed.
 
I haven't heard any facts that would point to any misconduct in this case," Parker said.

I can go either way on this one.

First, if he didn't have a CCW permit, then the weapon was illegally concealed.

But...considering the cop was clearly being a jerk (and yes, telling a cop he can't search, then the cop calling for a drug dog is a cop being a jerk) and considered his smelling of marijuana consent, then it's going to be hard to get the state attorney's office to prosecute the found cocaine when the cops based his consent on marijuana.

Even a bad lawyer would get this kid off on that. But he should have been charged for the gun. I know I would have been.
 
Gunfire its different when your the son of a cop.:mad:

About 8 or 9 years ago...

There was a similar incident with my friends and the daughter of a Lt. with our local PD. They were smoking weed at my friends work. The LT.'s daughter Beth were at a pizza shop where my friend TOny worked. They were smoking weed behind the shop while they were taking the trash out and an officer came in to get a bite to eat. (The Lt whose daughter is in question owned the shop so they got a discount.) He smelled weed and went in the back to see what was going on. He arrested Tony and told Beth to close up the shop and then to go home. He was going to call her father and talk to him. Tony was charged with a misdemeanor and had to do some community service while Beth did not get arrested. To be fair it was Tony who was holding the joint but Beth had the baggie in her purse. At least according to Tony.
 
I really hope they don't file but this law needs to go and everyone of these high ranking police should be campaigning this until it's repealed.
 
if he didn't have a CCW permit

He's 19. Too young for cwp. As far as the search, he was already under arrest for poss. of cannibus when he was searched and the cocaine was discovered. They said "We can cut some slack to those that cooperate", but he didn't. What smoke are they blowing.
 
Special treatment

In this area a relative of a cop will usually get a stiffer sentence than the general public.

One local officers daughter after being caught with two joints and some Percodan got 10 months in the parish slammer(first offence).She did every day of it.

Offspring of polititicians are another story---the "thing" just goes away.

Around 15 years ago a son of a politico was discovered to have 400 pounds of marijuana in his closet.Girlfriend ratted him out (caught him with another gal).Lived long and prospered until he drove into the side of a large truck at high speed while drunk!!! Go figure.
 
"2 grams cocaine, and they found a loaded .40 caliber semiautomatic handgun under the driver's seat."

Two grams of coke is a "small amount"? What's that, $100 or $200 worth? Maybe that's a small amount in Florida.

John
 
Double standards are always funny. I don't think I'll be free to go when they have cocaine and a hidden automatic on me.:rolleyes:

It's not just positions of power, it's looks. Last month one of our clients treated us like crap even though we fixed their problem accurately and cheaply. Meanwhile, when they got screwed over by a rival technician that deleted their data by accident, causing them to re-enter it all on weekends, they gushed over how great the technician was because he was "hot".:rolleyes:

Power or looks = carte blanche.
 
But...considering the cop was clearly being a jerk (and yes, telling a cop he can't search, then the cop calling for a drug dog is a cop being a jerk) and considered his smelling of marijuana consent, then it's going to be hard to get the state attorney's office to prosecute the found cocaine when the cops based his consent on marijuana.

Even a bad lawyer would get this kid off on that. But he should have been charged for the gun. I know I would have been.

i wouldn't call the cop a jerk. the odor of marijuana is considered probable cause to search the vehicle and persons inside the vehicle for the marijuana. you aren't protected by the 4th Amendment in this instance.

regardless of his refusal to give consent to search the vehicle, the police had a valid reason to search regardless. the use of the police K9, which gave a positive hit, was not overly intrusive or illegal. in the absence of having a K9 available the officer still had probable cause to search the vehicle and pesons inside the vehicle for the marijuana.

the search which ultimately found cocaine isn't illegal so long as the officers were searching for marijuana, and happened to run across the cocaine while searching for the marijuana. for example, if the officers were searching for a gun, chances are they would not be able to look in a place where a gun would not fit. so, if the suspect used a Desert Eagle .50 pistol, they would not be able to lawfully search inside someone's shoe for the pistol unless the guy was wearing really big shoes. that would constitute an illegal search and the subsequent fruits of the poisonous tree doctrine.

i certainly hope you are not an attorney, or anyone associated with arguing anyone's 4th Amendment rights.

and in my opinion, yes, the guy was given preferential treatment by not being arrested on the spot for possession of the drugs.

Two grams of coke is a "small amount"? What's that, $100 or $200 worth? Maybe that's a small amount in Florida.

for those of you who haven't seen 2 grams of cocaine, it is definitely enough to go to jail over. a typical "bump" of cocaine is about 1/20 to 1/5 of a gram as seen here:

http://www.drugabusehelp.com/drugs/cocaine/

so 2 grams is anywhere from 10 to 400 "bumps"....it is slightly more than half of an "8 ball" which is 1/8 ounce (28.5 grams in 1 ounce = 3.5625 grams in an "8 ball").
 
Part of me wants to become a prosecutor/judge/minion of tyranny just so I can have unlimited get out of jail free cards. The only problem is that I dont habitually break the law, so I'm not sure I would get much mileage out of such a perq.

The alternative is to just rack up lots of billable hours and buy as much freedom as I want like a normal person.
 
Definitely special treatment. This kid is lucky his dad is who he is.

If a regular Joe was caught with 2 grams of coke and a illegal possession of a firearm, they would be arrested on the spot, taken to jail, and no doubt they'd be charged immediately.

I think most drug and gun laws are stupid, but if they're gonna be enforced they should apply to everybody.
 
Thank you spreadfire, that site was very informative. Can anyone estimate the value of the amount they siezed? How much does it cost per gram, or however it is sold? I understand locations will vary a lot, just a guess is all I want?
 
in pennsylvania a driver of a car containing a loaded handgun has an affirmative defense if the owner of the car is ccw permitted. the assumption is that the owner failed to remove the gun from a location in which it is legally stored before the driver was allowed to borrow the car. the law was written this way to protect unknowing drivers who had borrowed a car from a ccw permittee.
 
No arrest on a drug/gun combination after a lawful search? Definitely special treatment. The only time I've seen people get out of situations like that is if there is not enough of the drug to test and the handgun was legally possessed. Neither is true in this case.
 
the handgun was legally possessed. Neither is true in this case.

The handgun was legal. A parent may gift or lend a handgun to their child. But the problem is and the reason that he is not being charged, imo, besides the parents position, is under Florida law, If a firearm is possessed during the commission of a felony it is an automatic mandatory minimum sentence of 10 years in prison. If the weapon is fired it is 20 years mandatory minimum. If someone is injured the sentence is 25-life mandatory minimum.

Gutmacker reviews a true case where a 19 y/o had been to a range the day before and didn't put his rifle away. The next day he's riding around with a friend who asks him to stop at someone's house he knows. The driver stops there and is told he won't be long and just wait here. The perp burglarizes a home while the driver innocently waits outside. The neighbor sees this and calls the police. They are pulled over and the stolen property is discovered and the firearm is discovered and kicks in the 10/20/life law and they have to be sentenced to 10 years mandatory minimum, no discretion from the judge.

I guess this law was passed to give the same sentence to all because some were given preferential treatment. It looks like it still happens but with an even bigger discrepency. Get rid of this law, the old way of giving the judge the option could at least be applied fairly. 10 years because he had 2 grams of cocaine is not a fair sentence.
 
Gutmacker reviews a true case where a 19 y/o had been to a range the day before and didn't put his rifle away. The next day he's riding around with a friend who asks him to stop at someone's house he knows. The driver stops there and is told he won't be long and just wait here. The perp burglarizes a home while the driver innocently waits outside.

Suuuuuure. A "true case"? According to the "poor innocent victim" who just happened to be the getaway driver for a burglar? C'mon... that story doesn't pass the sniff test. "Hey, Joe, wait here while I... uhh... visit a friend, yeah, that's it" and then go commit a burglary?

I don't buy it, not $.01 worth.
 
Suuuuuure. A "true case"? According to the "poor innocent victim" who just happened to be the getaway driver for a burglar? C'mon... that story doesn't pass the sniff test. "Hey, Joe, wait here while I... uhh... visit a friend, yeah, that's it" and then go commit a burglary?

I don't buy it, not $.01 worth.

Don't believe it then. He's a respected lawyer, author and firearms instructor. Have you read his book? I have. I believe him.
 
"XDKingslayer
But...considering the cop was clearly being a jerk (and yes, telling a cop he can't search, then the cop calling for a drug dog is a cop being a jerk) and considered his smelling of marijuana consent, then it's going to be hard to get the state attorney's office to prosecute the found cocaine when the cops based his consent on marijuana."

Smelling the interior of a car is considered illegal search up here. Maybe it's a hippie right, but it's a right so it's good.
 
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