State v. Blanco

896 So.2d 900 (2005)

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Nature of the Case

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Facts

Undercover officers went to the bar to attempt to find the dealers based on rumor that drugs were being sold there. An officer sat next to D. The officer indicated that he liked to 'party,' and explained to D that he meant the use of cocaine. D left the bar and went to the restroom. Upon his return, he told the officer no one was selling cocaine, but he found someone selling 'Tina' or crystal meth for $60. The officer gave money to D, who returned with the drugs. D was arrested two weeks later. D was indicted and the trial court explained its reasons for granting D’s motion to dismiss: “D had not been previously noted as someone who dealt in drugs and that police were targeting him. This officer had walked into B knowing it's a gay bar and approached D who was sitting alone. The officer was the one that began the conversation. If it had been a woman sitting there I think she would have felt the same way. This was a man who was interested in her or him. The manner of procedure and the talk that resulted would certainly seem to me objectionable.” The court dismissed the case contending that the officer implied sex for drugs. P appealed.