Reports indicate that the musician/rapper was spotted by an off-duty Clearwater Police Department Officer who noticed Sparxxx engage in a hand to hand transaction at a local Hooter’s restaurant.
Apparently, the Officer confronted Mr. Sparxxx and allegedly asked for permission to search his wallet. The report indicates that the rapper agreed to the warrantless search and Tanxene was found in his wallet. He was later charged with one count of Felony Drug Possession and posted a $2,000 bail.
Mr. Sparxxx alleged consent to be searched is important because at that time the officer was probably at most only allowed to do a pat-down for safety and a check for weapons under Florida law. Obviously, no weapons can be stored in a wallet, so any search of the wallet could later be suppressed or hopefully if everyone is following the law, never take place. Nevertheless, the State’s version in this case appears to be that Mr. Sparxxx gave consent to be searched.
Drug possession cases are complex and an experienced Pinellas County drug possession lawyer is needed to go over consent issues, possession and knowledge issues as well as warrantless search procedures by the Officers in this or any matter. In Florida, except for Marijuana, all possession cases are charged at least as a Third Degree Felony, which is punishable up to five (5) years State Prison.