A traffic stop in Winter Haven on May 8 led to arrests of two men on drug charges. The motorist allegedly failed to obey the Move Over Law, which requires drivers to either move over or slow lower their speeds for emergency vehicles on the road.
When Winter Haven police pulled over the car, the officers smelled marijuana coming from the vehicle. As a result, they asked the driver to get out of the car. After patting the driver down, they found marijuana in his underwear. The passenger was then asked to get out of the vehicle, at which point the Winter Haven law enforcement officers claimed they saw what appeared to be the handle of a firearm.
Later investigation confirmed that it was the handle of a .45-caliber pistol. A check of the gun showed it was stolen from Tennessee. The passenger of the vehicle was allegedly in possession of a small marijuana blunt. As law enforcement officials continued to search the vehicle, they claimed to have found another firearm, this time a .40-caliber Glock underneath the driver seat. Both the .40-caliber Glock and .45-caliber pistol were loaded.
Following the arrest, the driver and passenger were taken to Polk County jail. While the driver is being charged with carrying a concealed weapon, driving without a valid license, and possessing marijuana and drug paraphernalia, the passenger was charged with possession of stolen property as well as various drug charges.
When an individual is detained for drug charges, a criminal defense attorney may challenge the search. If the search and seizure was not legal, the case could be thrown out.