In Florida, when a person obtains a driver’s license, he/she consents to submit to a breathalyzer test when a police officer has probable cause to believe the person is driving while impaired by alcohol and makes a DUI arrest. If the person refuses to submit to a breathalyzer test during…
Jacksonville Criminal Lawyer Blog
Police Cannot Force Driver to Move His Vehicle Without Legal Basis in DUI Case
Most people understand that the police in Florida cannot seize a person without specific facts indicating the person is, was or is about to be involved in criminal activity. However, what is considered a seizure of a person is not always clear. It does not just mean an arrest. It…
In Florida, the Police Can Get Quick and Easy Access to Your Pharmacy Records
In recent years in Florida, as prescription drug use has significantly increased, police have been investigating how and where people are obtaining narcotic pills without a prescription. One crime that police focus on is doctor shopping. In Florida, the crime of doctor shopping is committed when a person sees different…
DUI Case Reversed Due to Illegal Police Stop of Pickup Truck
In a recent DUI (driving under the influence of alcohol or drugs) case south of Jacksonville Florida, the defendant was driving on I-95 and failed to stop at an open weigh station. The defendant was driving a large pickup truck, and the police officer believed that the defendant was required…
Can a Plastic Fork be a Deadly Weapon and a Basis for an Aggravated Battery Charge in Florida?
The crime of aggravated battery is a very serious felony crime in Florida that often results in a person receiving a prison sentence if convicted. In Florida, aggravated battery is defined as committing a battery (unauthorized contact with another person) with the use of a deadly weapon. As you can…
Federal Government Proposes New Cyber Security Laws
With computer crimes becoming more prevalent as more people obtain computers and similar networking devices, state and federal governments are enacting new laws to respond to the increasing number of crimes. The Obama administration recently announced a new proposed law dealing with various cyber security issues. The new law would…
States May Be Rethinking Medical Marijuana Laws After Warning From Federal Government
As you may know, there are more than one set of criminal laws that govern people in this country. The criminal laws most people are familiar with are the state criminal laws that are promulgated by each state’s legislature. State police, prosecutors and court systems handle the majority of crimes…
Can the Police Search a Person’s Cell Phone After an Arrest Without a Search Warrant
In Florida, the general rule for searches and seizures is that the police cannot search a person, a vehicle, a home or other private property without a valid search warrant. Of course, there are exceptions to this general rule which allow the police to search a person or his/her property…
More Then Just the Owner of a Residence Can Give Police Consent to Search
We continue to be amazed at how many people give police officers consent to search them, their vehicles, their homes or anything else that contains illegal drugs or other evidence of criminal activity. Everyone should understand that the the Constitution gives each person a right to refuse a police officer’s…
Laws to Require Tracking of Pseudoephedrine Cold Pills Does Not Reduce Methamphetamine Production
People familiar with the drug methamphetamine and its production know that it can be made using many products that can be found at your typical household. One of the key ingredients of methamphetamine is pseudoephedrine, which is found in many cold pills such as Sudafed. Once police realized that these…