Every person has a strong Constitutional right to be free from unlawful searches and seizures. This privacy right is strongest in one’s residence. The police can only search a person’s residence in limited situations, the most common of which are with a valid search warrant and when the person who…
In a criminal case just south of Jacksonville, Florida the suspect was driving in his vehicle and playing his music in a loud manner when he was pulled over by the police for a noise violation. The police officer checked the driver’s license and learned that it was suspended. When…
In Florida, a common scenario in drug cases occurs when the police pulls a driver over and suspects the driver has illegal drugs in his/her vehicle. The piolice officer may ask for consent to search the vehicle for drugs, or the police officer may bring a drug dog, or K9,…
In Florida, police officers are not allowed to seize a person without a reasonable belief based on specific facts that the person is engaging, or is about to engage, in criminal activity. If police officers do seize or detain a person without the required reasonable suspicion, any evidence found on…
In Florida, when a person purchases a vehicle, he/she must register it with the state and purchase a license tag. When applying for a license tag, the person must provide his/her information as well as a description of the vehicle that remains in the state database. This includes the make,…
Normally in Florida, the police cannot search a person or his/her vehicle, home or other belongings without probable cause and a search warrant or consent to search. Students in school do not enjoy those same protections from searches and seizures by police or school officials. In a recent gun case…
In Florida, the state can prove possession in one of two ways. The most obvious involves actual possession. For instance, marijuana found in a person’s hand or pocket would constitute actual possession of marijuana. However, even when a person is not in actual possession of drugs, the state can still…
In a recent case south of Jacksonville, Florida, the police went well beyond what is permissible under Constitutional search and seizure law and trespassed upon a person’s property in order to investigate a complaint relating to growing marijuana. In this case, the police received an anonymous tip that the suspect…
In Florida, the Constitutional protection against illegal searches and seizures by police is strongest when it involves a person’s privacy interest in his/her residence. Normally, a police officer cannot search a person’s house, apartment or other residence without a valid search warrant or consent to search by a person authorized…
In Florida, in order for the police to have a right to search a person’s house, they normally will need a valid search warrant signed by a judge. Police typically obtain a search warrant for a person’s house after conducting surveillance and observing drug related activity at the house or…