Governmental Misconduct, Due Process, and Dismissal of Charges

State v, Cannon, 36 Fla. L. Weekly D444 (Fla. 4th DCA Mar 2, 2011): Motion to Dismissed, granted in part – LEOs asked defendant to help them buy crack cocaine.  Defendant brought them to a person that sold them the cocaine.  LEOs let defendant go that day but not before giving him some of the crack.  Later defendant was charged with sale of controlled substance and possession (being the crack the LEOs allowed the defendant to take).  Trial court granted dismissal of both charges.  District Court ruled that possession should be dismissed but the sale should not have been since it happened prior to government’s misconduct.  Good citations to Florida Supreme Court decisions.

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