In a recent DUI (driving under the influence of alcohol or drugs) case south of Jacksonville Florida, the defendant was driving on I-95 and failed to stop at an open weigh station. The defendant was driving a large pickup truck, and the police officer believed that the defendant was required…
In Florida, the general rule for searches and seizures is that the police cannot search a person, a vehicle, a home or other private property without a valid search warrant. Of course, there are exceptions to this general rule which allow the police to search a person or his/her property…
We continue to be amazed at how many people give police officers consent to search them, their vehicles, their homes or anything else that contains illegal drugs or other evidence of criminal activity. Everyone should understand that the the Constitution gives each person a right to refuse a police officer’s…
The Florida Supreme Court recently decided a marijuana case that discussed the search and seizure issues involved with the police walking a drug dog around the outside of a person’s home to smell for marijuana or other drugs. The police and the state argued that walking a drug dog around…
Normally, a person in Florida has a privacy right attached to the vehicle he/she is driving and as a result, a police officer is not allowed to search that vehicle for illegal drugs or other evidence without permission, a search warrant or probable cause to believe there is evidence of…
Jacksonville, Florida ranks fifth in the United States for speed traps, according to a report from the National Motorists Association as reported in an article on Newsjax.com. How often a city’s or county’s police department gives tickets is often related to the city’s or county’s financial situation. As everyone knows,…
Any person in Florida has a right to be free from illegal searches and seizures. This applies not only to the person him/herself but also a residence, a vehicle and just about anything else belonging to the person that is not out in the open for anyone to see. However,…
The United States and Florida Constitutions protect citizens from unreasonable searches and seizures by police. One example where the police will stop and search someone is when they receive an anonymous tip of criminal activity. However, anonymous tips alone are not enough to justify a search and seizure of a…
Most people who are familiar with medical privacy laws know that a person’s medical records are confidential and can only be disclosed with the patient’s permission or under other limited circumstances. However, records of prescriptions for controlled substances (such as Oxycodone and Oxycontin) do not share the same privacy protections.…
In a recent case outside of Jacksonville, Florida, the police began investigating a suspect after they saw his vehicle outside of a hydroponic retail store. The police tracked the suspect’s license plate to his house where they saw the vehicle parked. The house windows were covered with blinds, and there…