In a murder case south of Jacksonville, Florida, the police identified a suspect and learned that he had multiple cell phones. They tried to use this cell phone information to determine the location of the defendant at the time of the murder. When people use their cell phones, the phones…
In Florida, most DUI cases (driving under the influence of alcohol or drugs) cases start after a police officer pulls a driver over for a routine traffic violation. The police officer then approaches the driver, claims to observe signs of intoxication and then conducts a DUI investigation. If the police…
In a case that was recently decided by the United States Supreme Court, the issue was whether the police could go onto a suspect’s property and search a vehicle that was in the driveway under a partially enclosed portion of the house, likely something built to provide shade for the…
In Florida, one exception to a search warrant requirement is consent to search from the owner of the property or someone in possession of the property who appears to have authority to give consent. Police can generally walk up to any person, vehicle or residence and ask to search without…
In DUI cases, the police generally observe a driver break some traffic law and then initiate a traffic stop. If the police officer claims to observe evidence that the driver is drunk or otherwise impaired, that officer will start a DUI investigation. However, the police officer in Florida does not…
People ship drugs to other parts of the country. They do it using the US Postal Service and Federal Express and UPS and any other delivery service. They do it by shipping to a location where nobody lives expecting someone on the other end to pick it up as soon…
When can a police officer stop and search you? This is a question often asked to criminal defense lawyers, but can rarely be answered with any degree of specificity. Why? Because whether a police officer has illegally stopped and searched you is a mixed question of fact and law. Rarely,…
A motion to suppress is an important arrow in the quiver of any criminal defense attorney. It is a weapon to defend the true meaning of the Fourth Amendment to the Constitution of the United States. It is a powerful tool that protects all Americans from unreasonable searches and seizures…
In Florida, the police can stop a driver if that officer observes the driver commit a traffic violation. This is a detention under search and seizure law, but it is justified based on the fact that the driver apparently committed a traffic violation. Many DUI cases start this way in…
In Florida, the police are generally not allowed to enter a person’s home to search or investigate a crime without permission from the homeowner or a valid search warrant. In some cases, the police cannot even go onto your property to search or investigate if the property is properly fenced…