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Jacksonville Criminal Lawyer Blog

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Do Jacksonville Police Officers Use Pedestrian Safety Laws As a Pretext To Search African American Citizens? And If So, At What Cost?

The Florida Time Union released a story with some eye-popping statistics relating to the use of pedestrian citations in the city’s most crime ridden areas of Jacksonville.  Jacksonville criminal defense attorneys often challenge these pretextual stops, but the case law continues to generally support the use of profiling, as long…

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DUI Blood Test Results Were Not Admissible in Florida DUI Case Involving Accident

In Florida, most DUI cases result from a police officer claiming to observe a person violate a traffic law.  The police officer conducts a traffic stop, claims to observe signs of impairment from alcohol or drugs and then initiates a DUI investigation.  DUI investigations normally involve various questions about where…

Posted in: DUI
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Florida Police Officer Makes Illegal DUI Arrest Outside of His Jurisdiction

With some exceptions, police officers generally work for a county or city department.  In Florida, we do have the Florida Highway Patrol and officers who work for multiple agencies and federal law enforcement officers, but most cases of common crime, like DUI cases, will involve a county or city police…

Posted in: DUI
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Florida Defendants Are Arguing That Classifying Cannabis as a Schedule I Drug is Now Unconstitutional

As many people know, the federal government classifies certain drugs according to a schedule.  In fact, the Drug Enforcement Agency is permitted by statute to make the rules which determine in which class a particular drug belongs.  Criminal statutes and penalties are enacted based on those classifications.   Schedule I…

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Florida Court Rules Police Can Order Driver Out of Vehicle During Traffic Stop

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…

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Florida Kindergarten Teacher Could Not be Convicted of Battery For Non-abusive Discipline of Student

In Florida, the definition of battery is very broad.  Of course, if you hit a person or strike them in a violent way, that would qualify as a battery without a reasonable defense, like a valid self defense claim.  But the Florida definition of battery also includes an unauthorized touching. …

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Police in Florida Cannot Always Come to Your Door, But Some Signs Will Not Prevent Them

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…

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