In a recent drugs and marijuana case near Jacksonville, Florida, the police received a tip of illegal drug activity at a particular apartment. They conducted surveillance on the apartment and observed what they considered to be suspicious activity. They ultimately obtained a search warrant to search the apartment for drugs.…
Jacksonville Criminal Lawyer Blog
Florida Child Molestation Conviction Reversed Due to Potential Juror Intimidation
In a recent lewd and lascivious child molestation case in Jacksonville, Florida some unorthodox activity in the courtroom caused the appellate court to reverse the jury’s guilty verdict on those child molestation charges. Apparently, a biker gang wearing “Bikers Against Child Abuse” jackets congregated outside the courtroom in the presence…
In Florida, Police Usually Need an Arrest Warrant to Make an Arrest for a Misdemeanor Outside His/Her Presence
In Florida, the police cannot just arrest any person he/she has probable cause to believe has committed a crime. A police officer does not need an arrest warrant signed by a judge to arrest a person for a felony charge or a misdemeanor that has occurred in his/her or another…
Florida Police Needed a Search Warrant to Track a Suspect’s Cell Site Location
In Florida, a person has a Constitutional right to be free from unreasonable searches and seizures. Sometimes this is obvious. A police officer cannot just search a person’s home or car without consent or a search warrant in most cases. However, it can also get complicated as old rules may…
Criminal Conviction Reversed in Florida When Prosecutor Elicits Testimony Regarding a Defendant’s Failure to Produce Evidence
In Florida, defendants in criminal cases have certain Constitutional rights that stay with them from the time they are arrested until their trial, if they choose to have one. One of those rights is the right to be considered innocent unless and until the state proves the defendant’s guilt beyond…
There is a Difference Between Reckless Driving and Careless Driving in Florida
In Florida, there is a critical difference between careless driving and reckless driving, and that difference can be significant when it comes to what the state can do to punish a driver based on his/her driving. Careless driving in Florida is not defined well, but the statute discusses the obligation…
Florida Police Were Not Permitted to Search Hotel Room For Drugs With Occupant’s Permission
The Constitution establishes privacy rights, and one of the more sacred privacy rights protects people from unreasonable searches and seizures when it comes to their property. For instance, in most cases, the police are not allowed to go into a person’s residence without a valid search warrant or consent from…
Florida Police Lose Armed Robbery Case by Illegally Searching Trunk of Car
In a recent armed robbery case west of Jacksonville, Florida, three suspects entered the victim’s home and stole certain items from him at gunpoint. The three suspects fled in a vehicle, and the victim called the police providing a description of the suspects and the vehicle. Shortly thereafter, a police…
Anonymous Call Was Not Sufficient to Stop Defendant in Florida
In Florida, the police are not allowed to stop a vehicle without probable cause to believe the person committed a traffic violation or at least reasonable suspicion of criminal activity. Most stops are easily justified by the police with testimony that the driver was speeding, ran a red light or…
Police Officer Justified in Searching Pill Bottle in Florida Drug Case
In Florida, the police are not permitted to search a person’s belongings unless the police officer has consent to search from someone authorized to provide such consent, the officer has probable cause in certain circumstances or the officer has a search warrant. Police officers often assume they can search a…