Normally in Florida, the police can only search a person if he/she has committed a crime, the police have consent to search or the police have specific, reliable evidence that the person is in possession of evidence of a crime such as drugs or a gun. However, there are circumstances…
In Florida, the crime of petit theft involves taking the property of another without authorization and without threats or force. If the value of the property is less than $300, it is a misdemeanor crime. A misdemeanor petit theft conviction is not extremely serious, but it can result in jail…
In a recent trafficking in cannabis/marijuana case in South Florida, the police received an anonymous tip that a house was being used to grow marijuana plants. The police went to the suspected marijuana grow house to investigate further. It is clear that the police cannot search a house based on…
Domestic battery charges, along with DUI’s, are generally the most serious misdemeanor crimes in Florida. That means misdemeanor prosecutors tend to focus the most on domestic violence cases and domestic battery defendants. While DUI arrests have their share of serious problems, there may be no more arbitrary arrest than the…
Due to the recent, well-publicized George Zimmerman verdict, the Florida Stand Your Ground law has received a lot of attention both in Florida and across the country. Much of that attention and focus has been partially or completely wrong. One thing is for sure- a lot of people do not…
We have said several times how dumb and counterproductive it is to have legislators in Tallahassee, for Florida state cases, and Washington D.C., for federal cases, to make laws requiring a minimum amount of prison time for cases about which they know nothing. Yet, there are mandatory minimum penalties for…
In order for the police in Florida to make a valid arrest for DUI (driving under the influence of alcohol or drugs), a police officer must actually observe the DUI suspect either driving the vehicle or in actual physical control of the vehicle. Actual physical control of the vehicle is…
In most cases in Florida, the police cannot search a person’s property without a search warrant or consent to search. Probable cause alone is often insufficient for a search. However, there are situations where a search warrant or consent to search are not needed. In a recent case near Jacksonville,…
As we have discussed several times on this site in the past, minimum mandatory sentences are among the most counterproductive and just plain stupid ideas our government has come up with, and that is saying a lot given the state of our government these days. Among other problems, they are…
Under the Florida and United States constitutions, people who have been arrested or are otherwise considered to be in police custody have a right to remain silent. This means that the police cannot force them to make any statements that might incriminate them in a criminal case. As part of…