In Florida, the police are generally not allowed to search a person’s home for drugs or evidence of other crimes unless the police have a valid search warrant or consent from the owner or someone authorized to give consent to search. There are, however, exceptions to this general rule. One…
It is clear that going onto or into someone’s property to search for evidence is a search under the Constitution, and as a result, police typically need a search warrant or consent for such a search to be valid. However, is it also a search if the police place a…
Most people in Florida understand that they have a strong privacy right in their homes. As a result, police are generally not allowed to come in and search a person’s home without a search warrant or consent. However, does this strong protection against unreasonable searches and seizures extend to the…
In Florida, police often bring a drug dog to a traffic stop if they think there are drugs in the vehicle. The police are allowed to bring a drug dog to the scene of a traffic stop if they have reasonable suspicion to believe there are drugs in the vehicle…
In order for police in Florida to search a person’s home, they either need a search warrant, exigent circumstances or consent to search. Focusing on the latter issue, consent to search is normally given by the person who owns the home or is listed on the lease as the tenant.…
In Florida, in order for the police to stop a person and investigate him/her for a crime that is not a DUI, the police need “reasonable suspicion” that the person is involved in criminal activity. When the information comes from an ordinary citizen reporting the suspicious behavior to the police,…
In Florida, there are multiple levels of police encounters, and with each one, there may be certain legal requirements on the part of the police officer to justify the police officer’s actions. The first level encounter is a brief, consensual encounter where a police officer is not required to have…
The FBI is using more aggressive means to get personal emails and information about internet usage. In the past, the FBI was permitted to use administrative subpoenas that were not initially presented to a judge for review. These administrative subpoenas, or national security letters, were sent to internet service providers…
As criminal defense lawyers in Jacksonville and the North Florida area, a very common scenario that we see a lot occurs when police are patrolling what they call high crime areas and a suspect runs when he/she sees police in the area. A common question results from this scenario. When…
Police officers are allowed to search a person for drugs, guns or other evidence of criminal activity in limited circumstances. One of the most common bases for searching a person is consent. The police can almost always approach a person and ask for consent to search him/her. Additionally, everyone who…