The Florida Supreme Court has ruled that real-time cellular phone site data is protected under Fourth Amendment privacy provisions. That means if officers don’t have a warrant to track your cell phone signal in real time, they can’t legally do it. This clarifies privacy protections that were previously in question,…
Fort Lauderdale Criminal Attorney Blog
Florida v. English – Suppression Motion for Traffic Stop Reversed
One of the best ways people can protect themselves from arrest for DUI or drugs while driving is to minimize the chances of being stopped in traffic in the first place by keeping the vehicle in good working order. When a vehicle is in a state of disrepair – even…
Anucinski v. Florida: State Supreme Court Remedies Improper Theft Convictions
Defendants can face theft and dealing in stolen property charges in connection with the same incident. However, Florida Statute 812.025 only allow defendants to be convicted of one of those two charges, when the alleged offenses are committed in connection with a single scheme or course of conduct. However, appellate…
Brown v. Florida – 3rd DCA Rules for Suppression Motion in Robbery Defendant Favor
One of the most valuable tools a Florida criminal defense lawyer can employ is the motion to suppress. If for any reason the evidence presented by the state was gathered improperly or is unreasonably prejudicial without being probative, a judge may grant a motion to suppress that evidence. What that…
Blood Evidence Questioned in Florida DUI Manslaughter Case
Five counts of DUI manslaughter have been dropped against a South Florida man accused of causing a crash while high on marijuana. Prosecutors simply said there was not enough evidence to support those charges, but the move comes after serious questions were raised about the veracity of the blood test…
Florida v. Wiggins – Video in DUI Case Refutes Key Officer Testimony
More than ever, our criminal justice system relies on technology to aid in the fact-finding (or disputing) process. From DNA analysis to reviewing the contents on a computer hard drive, our Fort Lauderdale DUI defense lawyers know the ability to tap into technology plays a vital role. However, it’s still…
Lane v. Florida – 2nd DCA Suppresses Evidence in “Consensual Encounter”
Consensual encounters with police have been the subject of numerous Florida court decisions and muchpublic debate. A central point in these discussions is whether such an encounter is ever truly consensual, where one of those parties is armed and has a great degree of authority. Our Fort Lauderdale criminal defense…
Florida v. Parker – Motion to Suppress Order Reversed
A former Florida college student’s decision to speak with a detective regarding two alleged sexual assaults he allegedly committed at a party the night before will be used against him in court. Initially, the trial court granted a defense motion to suppress those statements, meaning they couldn’t be used in…
Drug-Free Zone Law Challenged in Florida’s 4th DCA
Drug-free zone laws in Florida are designed to make children and communities safer by limiting sales of illegal substances near schools, daycare centers, parks and churches. Per Florida Statute Section 893.13(1)(e), those caught selling certain narcotics within 1,000 feet of such facilities could face penalty enhancements. In some cases, it…
Branson v. Rodriguez-Linares – Domestic Violence Injunction for Cyberstalking
A domestic violence injunction is intended in Florida as a means of protecting individuals from harm by those who have previously shown aggression or other dangerous tendencies. Most often, people think of injunctions or restraining orders as being granted when a paramour physically attacks his love interest. It’s true this…