This unlawful search took place in a Florida school south of Jacksonville, Florida. In this case, students at the Florida school reported to school officials that some other students were playing with a taser on school grounds. The school security officer spoke to some kids who indicated that the suspect…
In order for the police to be able to search your home for evidence of a crime, they either have to have a valid search warrant or they have to have consent from the owner or someone with proper authorization to give that consent. For the latter method, the police…
In our last post, we discussed when the police can search the contents of a cell phone belonging to a suspect. We referenced a case where the police illegally searched a password protected cell phone that had been abandoned by the defendant. Since it involved an abandoned cell phone, that…
In Florida and elsewhere, the general rule for searches and seizures is that the police cannot search a person’s property without a search warrant or specific consent from a person with the proper authority to give such consent. There are exceptions to that rule depending on the circumstances, but the…
Police officers like marijuana arrests because they are easy- they don’t require much work, they don’t require much thought, and they don’t require much, if any, investigation. This is one of many reasons why dealing with the war on drugs that primarily serves to waste money and increase the size…
In Florida, a person enjoys special protection from illegal searches and seizures in his/her home or other residence. At a minimum, this means that police officers and other agents of the state cannot just come into a person’s residence looking for evidence of criminal activity without a search warrant or…
A recent encounter between a suspect and a police officer near Jacksonville, Florida illustrates that police do not have free reign to question suspects and detain them based on mere suspicions or the fact that they do not like a person’s answers. In light of recent police shootings and some…
While we certainly agree that having less government in our lives is a good thing, not every government agency shares our sentiments. Specifically, as it relates to the war on drugs, “small government conservative” politicians and law enforcement continue to expend limited resources and money to detain and arrest people…
In Florida and elsewhere, people have privacy rights in their vehicles. This means that the police generally cannot search a person’s vehicle for drugs or other evidence of criminal activity without consent from the owner or a search warrant. There are some exceptions to this general rule, but the police…
For any type of drug possession case, there are two ways the state can prove the crime in Florida. The easiest way is with an actual possession case. Actual possession is what it sounds like. If a person is holding the drugs or has drugs in his/her pocket or is…