Most of the posts on this blog deal with various areas of Florida law or new trends in the law. A subset of posts deals with the overly aggressive police and prosecutors who makes arrests and charge cases when either the law does not support it or the equities of…
In Florida, there is a law called implied consent. This means that when you agree to accept driving privileges and a driver’s license in Florida, you agree to submit to a breathalyzer test if the police have probable cause to believe you have driven while impaired from alcohol. This does…
The case we wrote about in our previous post was a DUI manslaughter case near Jacksonville, Florida that involved some interesting legal issues. A crash occurred at about 1:00 a.m. involving two vehicles. The victim’s vehicle was forced off of the road into a canal. The defendant initially fled the…
When the police want to search a person’s property, or search a person, they normally need consent from that person or a search warrant signed by a judge. However, that general rule does have exceptions. In most DUI cases, the police officer will request that the subject submit to a…
The War on Drugs may be the most counter-productive, fiscally wasteful policy in the history of humankind. Yet, it forges ahead, as it does little to effect any change other than to redirect taxpayer money away from beneficial programs and increase the size of government. With regard to marijuana, it…
In Florida, it is a felony for anyone who has been convicted of a felony in any state or federal court to own or possess a firearm. If the defendant is caught in actual possession of the firearm (as opposed to constructive possession), the defendant is subject to a mandatory…
Pursuant to both the United States and the Florida Constitutions, people have a right to privacy in their homes. This means that the police normally cannot come into a person’s home and search for drugs or other evidence of criminal activity without a valid search warrant or consent from someone…
In Florida, where marijuana remains illegal for now, the odor of marijuana is a fairly common basis that police use to further investigate or search a suspect. It is also a basis that is often used to conduct a DUI investigation and make DUI arrests. The odor of marijuana obviously…
As most people know, when a person is arrested or otherwise taken into custody, they have certain rights about which the police must inform that suspect. That person has a right to remain silent and consult a lawyer without ever speaking to the police. People always have this right, but…
While it is one of the more misunderstood amendments, just about everyone has some familiarity with the First Amendment. The First Amendment covers a few general areas, but most people recognize it as giving people a right to free speech. One area where it is commonly misunderstood is when speech…