The law regarding searches and seizures recently changed removing a fairly common justification for police to search a person’s vehicle after he/she has been arrested. Prior to the change in the law, police officers could search a person’s vehicle after arresting him/her for a crime in or near the vehicle.…
Each person in Florida has a Constitutionally protected right to be free of unreasonable searches and seizures. If a police officer has probable cause to believe a person is committing a crime, the police officer may be able to stop a person and conduct a search. However, when the officer…
In a recent DUI case near Jacksonville, Florida, the police obtained evidence that a driver was intoxicated while driving after an accident. When the police officer arrived at the scene of the accident, the defendant was not hurt and did not appear to be intoxicated by drugs or alcohol. As…
A Florida man was arrested after Transportation Safety Administration (TSA) agents found child pornography pictures when searching his bag before a flight. In this case, the man checked a bag at the airport and proceeded to wait for his flight. Without his knowledge, TSA agents apparently randomly selected his luggage…
Police in Putnam County, Florida (which is about an hour south of Jacksonville, Florida) found a large indoor marijuana grow house after a vehicle crashed through a fence at the house, according to an article on News4Jax.com. Police arrived to investigate the crash and smelled the marijuana. At that point,…
There have been many cases in Florida and across the country that looked at whether police who have a search warrant to search one’s home can barge into the residence or must knock and announce themselves first. There have also been cases in Florida that discussed what the proper remedy…
Because people in Florida have a Constitutional right to be free from unreasonable searches and seizures as well as a privacy right in their homes, police can only search one’s residence for drugs, guns or other evidence in limited circumstances. The two primary bases for legally searching one’s home are…
In this case the police officer was responding to a call regarding a missing juvenile. He went to a facility where juveniles stayed and spent time playing games and meeting with others. When he arrived, he saw the juvenile defendant in this case sleeping in the common area. There were…
In a recent marijuana case out of South Florida, the court threw out the evidence of the defendant’s marijuana possession because the police used an unreasonable show of force to gain access to the defendant’s residence. In this case, six police officers went to the defendant’s home because he had…
Police in Florida and Georgia are on the lookout for homes in which marijuana is being grown. Marijuana grow houses, as they are often called, often use elaborate equipment to create an environment where marijuana can be successfully grown in the privacy of one’s home. The downside to that for…