5D2023-3653
The Fifth DCA reversed a defendant's convictions for sale/possession of cocaine and unlawful use of a two-way communications device, holding that the trial court erred by allowing the lead investigating officer to testify about his general experience with hand-to-hand drug transactions to fill evidentiary gaps in the State's case, where no officer actually witnessed the exchange of drugs or money and the money was never recovered. The court held this 'general criminal behavior' testimony impermissibly bolstered the confidential informant's credibility and invited the jury to convict based on similarity to other criminals' conduct rather than the specific facts, and found the error was not harmless beyond a reasonable doubt.
Key facts
- Defendant was charged with sale and possession of cocaine and unlawful use of a two-way communications device based on a controlled buy operation involving a confidential informant.
- No officer directly observed the exchange of drugs or money between defendant and the informant, and the buy money was never recovered.
- +2 more key facts with a free trial
Why it matters
This opinion reinforces a well-established but frequently recurring evidentiary issue in Florida drug prosecutions: officers cannot use their general experience with 'how these transactions typically look' to paper over… — full analysis with a trial
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