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Jacksonville Criminal Lawyer Blog

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Can an Off-Duty Police Officer Outside of His Jurisdiction Make a DUI Arrest in Florida?

With some exceptions, police officers are generally only allowed to investigate crimes and make arrests within their jurisdictions. A Jacksonville Sheriff’s Office employee isn’t normally allowed to drive into St. John’s County and pull people over who he suspects of driving under the influence of alcohol or drugs. Additionally, off-duty…

Posted in: DUI
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Can the Police in Florida Obtain a Urine Sample of a DUI Suspect After an Arrest Without a Search Warrant?

In Florida, the police usually attempt to substantial a DUI (driving under the influence of alcohol or drugs) arrest by asking the suspect to take a breathalyzer test. This is a test normally administered at the jail only after the suspect has been arrested. The purpose of the test is…

Posted in: DUI
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Florida Cash for Bitcoin Business Owner Charged With Engaging in Money Transmission Without a License

In Florida, a person or business may not engage in the money services business unless the person or business is licensed or exempt from being licensed by the state of Florida. A violation of this law involving more than $300 is a felony crime. A money services business is defined…

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Florida Police Allowed to Enter Residence Without Search Warrant Based on Apparent Animal Cruelty

In Florida, as in other states, police are generally not permitted to enter a person’s property with a valid search warrant or explicit consent from the owner or resident of the property.  There are limited exceptions that do permit the police to come into a person’s home without a search…

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Florida Police Officer Cannot Detain Driver and Initiate DUI Investigation Solely Because Driver Has Been Drinking

In Florida, the crime of DUI means that a person cannot operate a motor vehicle while impaired from alcohol or drugs.  It does not mean a person cannot drink and then drive.  Of course, to be safe, it is always best to avoid driving after consuming any alcohol.  However, if…

Posted in: DUI
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Police in Florida Violated the Law by Obtaining Historical Cell Site Location Information for Suspect in Murder Case Without a Search Warrant

In a murder case south of Jacksonville, Florida, the police identified a suspect and learned that he had multiple cell phones. They tried to use this cell phone information to determine the location of the defendant at the time of the murder. When people use their cell phones, the phones…

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In Florida, Even if All of the Unique Numbers and Letters on Your License Tag Are Visible, Police Can Still Stop You For an Obscured License Tag

In Florida, most DUI cases (driving under the influence of alcohol or drugs) cases start after a police officer pulls a driver over for a routine traffic violation. The police officer then approaches the driver, claims to observe signs of intoxication and then conducts a DUI investigation. If the police…

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Police in Florida Cannot Seize Blood from Suspected DUI Driver After a Serious Crash Without Establishing Causation by Statute

In Florida, most DUI cases (driving under the influence of alcohol) are the result of traffic stops and then subjective DUI investigations and then requests for the driver to submit to a breathalyzer test after he/she has been arrested.  The police cannot generally request a blood sample from a person,…

Posted in: DUI
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Possession of a Concealed Weapon by a Convicted Felon is a Nonexistent Crime in Florida

In Florida, it is illegal for a person who has been convicted of a felony crime in any state to carry a concealed weapon.  There is a Florida criminal statute that addresses possessing a firearm and carrying a weapon, but they prohibit different things.  The law says that person who…

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Did you know that it is a crime to protest at a funeral in Florida?

We’ve all seen the news footage of religious protests at the funerals of deceased service members.  People yelling and screaming and carrying signs with hateful messages.  These are images that get most rational people’s blood boiling.  But did you know that in the State of Florida, it is actually a…

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