Many drug cases, DUI cases, gun cases and other kinds of criminal cases begin with a simple traffic stop in Florida. A police officer will make a routine traffic stop and then claim to observe signs that the driver is impaired from alcohol or smell the odor of marijuana or…
We have written at length about various search and seizure issues including whether the police need a search warrant to conduct certain searches. As many people know, the Fourth Amendment protects people from unreasonable searches and seizures conducted by the government. However, in order to be afforded such protection, a…
In Florida, we have seen many cases where the police will look into a person’s cell phone before or after an arrest without a search warrant or even without probable cause to believe that there is incriminating evidence in the cell phone. Cell phone evidence has been used in court…
In Florida, many criminal arrests start out with a much less serious traffic stop. When a person commits a traffic violation like speeding or running a red light, he/she is normally just looking at a fine and possibly some points on his/her driving record. However, when the police stop a…
The Constitution protects a person’s home, vehicle and other property from unreasonable searches. This normally means that the police must either have consent to search or a search warrant before they search something that belongs to another person. However, some items or locations are not as clearly protected from police…
When the police search property and find incriminating evidence, the criminal defense lawyer would file a motion to suppress that evidence if there is an argument that the search was not legal. If the criminal defense attorney is successful with the motion to suppress, the evidence that was obtained by…
In Florida, the police are generally not allowed to search a suspect’s vehicle unless the driver or owner gives consent to search, the police have probable cause to believe there is evidence of criminal activity inside or there is an arrest of an occupant of the vehicle and there is…
In Florida, the police generally need a search warrant to enter your home and search for illegal drugs or other evidence of criminal activity. When they do not have a search warrant, they can still try and gain legal access to your home by walking up to your door, knocking,…
In Florida, there is such a thing called a knock and announce search warrant. If the police have sufficient evidence to believe there are drugs or other evidence of criminal activity in a residence, the police can obtain a search warrant that allows them to search the premises. That does…
In Florida, if police obtain evidence of a crime after an illegal detention, the criminal defense lawyer can get that evidence thrown out. In a recent case near Jacksonville, Florida, the police saw some people smoking cigarettes in a public park. Smoking was prohibited in the park so the police…