The Fourth Amendment to the U.S. Constitution protects citizens from unreasonable searches and seizures. The law requires that with only a few exceptions, law enforcement officers have to get a warrant before they can conduct a search and seizure upon a suspect. Most modern technology we enjoy today – cell…
Police officers may not enter one’s dwelling, absent consent by owner or a warrant, except in the most extreme circumstances. Such a case might involve the reasonable belief that someone inside is in danger. Beyond that, any evidence collected as a result of unlawful entry – no matter how powerful…
A measure that would inject some common-sense into the impossibly stringent sentences imposed on young, non-violent offenders in Florida is gaining widespread support. Passing by a vote of 37-1 in the Florida Senate, HB 99 would increase the use of civil citations for juveniles who run afoul of the law…
One of the key pieces of evidence in many criminal Florida DUI cases is the breathalyzer test, typically conducted with a brand of machine known as the “Intoxilyzer.” It is designed to measure a person’s blood-alcohol content by analyzing particles released in one’s breath. But the science behind the machines…
Although the constitutionality of sobriety checkpoints has been challenged repeatedly across the country, it has consistently been upheld. That being said, police agencies are held to strict standards regarding how these operations must be carried out. Those include officers having a valid reason for establishing the checkpoint (high number of…
Florida law requires drivers arrested for a DUI to take a breath, urine or blood test if the arrest is lawful and the officer has probable cause to believe you are under the influence of alcohol or drugs. Defendants may be asked to take more than one test and in…
A scorned paramour who posts nude images or video clips of an estranged ex-lover isn’t likely to deemed great dating material. But as of this moment, they probably won’t face criminal charges, at least in Florida. That is almost certainly going to change very soon. The practice, dubbed “revenge porn,”…
A Fort Lauderdale man arrested for identity theft is accused of heisting the identities of others in order to open store credit cards in both Broward and Palm Beach Counties. The investigation has been ongoing for a full year, since last April, when a Pembroke Pines man reported to police…
The case of Coffey v. Shiomoto involved a woman who was arrested for DUI, pleaded guilty to “wet reckless” (a lesser charge available in California, where this case originated) and then fought to have her administrative license suspension vacated. Similar to what happens in Florida, a person arrested in California…
Several sociologists, psychiatrists and law school professors have in recent years sought to answer the question of whether a defendant’s perceived matters in criminal cases. For example, the “Capital Jury Project in South Carolina,” by researchers of law at Cornell University delved into the issue of remorse in capital murder…