Acquiring a new paint job on your car isn’t grounds for police officers in Florida to pull you over. This might seem a common-sense conclusion, but it was one recently decided by the Florida Supreme Court in State v. Teamer, where officers tried to use such logic to justify a…
Fort Lauderdale Criminal Attorney Blog
Tolbert v. State – Wrongful Admission of Firearm Evidence Sends Case Back to Court
It’s been estimated by the Pew Research Center that some 37 percent of Americans – or more than one-third – own a firearm or have a firearm in their home owned by someone else. While the laws governing their use, sale and storage have become more restricted over the years,…
U.S. Supreme Court: Warrant Needed for Cell Phone Search
In May, the Florida Supreme Court issued a ruling in Smallwood v. Florida in which justices held police in this state would need a warrant before searching a person’s cell phone. Now, in a new decision handed down by the U.S. Supreme Court, the same is true nationwide. Our Fort…
Constant v. State – 3rd DCA Remands Single-Witness Case Back for Trial
Fort Lauderdale criminal defense lawyers have long known that eyewitness identifications in criminal cases are fraught with all kinds of potential problems. Setting aside those who have motivation to lie, memory errors are a major issue when someone’s reputation and future is at stake. Extensive research by legal and psychology…
State v. Jones – Case Felled by Fruit of the Poisonous Tree Doctrine
When a traffic stop is predicated on illegal pretenses, everything police discover as a result becomes void and barred from the courtroom. This is the basis for the “fruit of the poisonous tree” legal doctrine, and our Fort Lauderdale criminal defense lawyers know that it is intended not only to…
Brandon v. Florida – Admission of Hearsay Evidence Prompts New Trial
A Florida man convicted of possession of a firearm by a convicted felon will receive a new trial, following an appellate court’s finding that admission of a 911 transcript absent the testimony of the caller was erroneous. The burden of proof is always on the prosecution in criminal cases, but…
Smallwood v. Florida – Cell Phone Search Without a Warrant Unconstitutional
The Florida Supreme Court has determined that a police search of cell phone content without a warrant is unconstitutional. The case of Smallwood v. Florida establishes an important precedent in Florida that our Fort Lauderdale criminal defense lawyers hope will ensure greater constitutional and privacy protections for the accused. Although…
Kunkel v. Stanford – Challenging Florida Domestic Violence Injunctions
A domestic violence injunction is not as bad on your permanent record as a criminal domestic abuse conviction, but the person on the receiving end can still suffer serious consequences. As a public record, it can be viewed by anyone, even when the allegations aren’t proven. This can have a…
Violation of Florida Accident Report Privilege Sends DUI Case Back to Trial
A man convicted of felony DUI in Florida has been granted a new trial by Florida’s First District Court of Appeals, which ruled a violation of the state’s accident report privilege in Wetherington v. Florida was not harmless. For Lauderdale DUI defense lawyers recognize that this decision underscores the rights…
Fate of Florida DUI Offenders Rests in Lawmakers’ Hands
A 36-year-old with a long history of driver’s license suspensions and DUI convictions is facing yet another charge after Broward County Sheriff’s Office officials say he wrecked his motorcycle into a car while drunk in Fort Lauderdale. Based on the statement by the judge at his first appearance, it doesn’t…