Most people are familiar with Miranda warnings which warn a suspect that, among other things, he/she has a right to remain silent and a right to an attorney before the police ask him/her questions about suspected criminal activity. If the police are required to give those Miranda warnings and do…
In Florida, when a defendant pleads guilty or no contest to a charge or is convicted of a crime at trial, he/she may be sentenced to a term of probation. At the beginning of the probation, the defendant, now referred to as a probationer, signs a form acknowledging that he/she…
If Jacksonville police officers are investigating a drug crime or other felony and determine that a crime has occurred or is occurring, the Jacksonville police officers may seize money or other property that is being used in connection with that crime or is proceeds of the drug or other criminal…
A thirteen year old honor student was strip searched at her public school based on the uncorroborated statement of a middle school classmate that she may have been in possession of extra strength Ibuprofen (which is basically a stronger Advil or Motrin that requires a prescription but is commonly used…
When is an encounter with a police officer considered consensual and when is it considered an illegal detention under Florida law? The answer could be the difference between incriminating evidence being used against a defendant charged with a crime like possession of drugs or possession of a firearm by a…
Consider a Jacksonville, Duval County, Florida search warrant scenario where Jacksonville Sheriff’s Office Officer A goes to a judge and presents evidence to establish that there is probable cause to search a house for the presence of marijuana, cocaine or other illegal drugs. The search warrant directs Officer A to…
Criminal defense lawyers often file what are called Motions to Suppress to try and keep out evidence that the prosecution is attempting to use against a defendant in a criminal case when the criminal defense attorney believes the police were not justified in stopping the defendant and/or seizing the evidence.…
DUI (driving under the influence) arrests in Jacksonville, Duval County, Florida often start when a police officer pulls a driver over for some traffic violation. However, the failure of a driver to wear his or her seat belt cannot be the reason for pulling a driver over. Of course, a…
A recent Florida criminal case involving the search of a student in whose wallet marijuana was found illustrates the standard for properly searching a student for drugs at school. According to the Florida appellate court, the search of the student was found to be in violation of the Fourth Amendment…
In a recent Jacksonville, (Duval County) Florida criminal case, a conviction for possession of cocaine was thrown out because the court found that the police officer’s stop of the defendant’s vehicle was illegal in violation of the Fourth Amendment. In this Jacksonville, Florida criminal case, a police officer stopped the…