A drug charge can have serious consequences and can impact future job prospects and other opportunities. The racial disparity in arrests has no correlation to higher rates of use or possession among black people in Florirda, leading the ACLU and others to conclude that racial profiiling is the driving force behind the increased arrest rate.
]]> A spokesperson for a local branch of the NAACP says that they had been tracking the issue for quite some time when the ACLU began gathering statistics, and that based on the drug arrest rates and other types of arrests, racial profiling is clearly present in Florida law enforcement.Fortunately, some Florida officials are willing to admit that there is an issue and are working towards solutions. One local precinct in Gainesville has accepted a grant and is seeking aid from the Center for Children's Law and Policy to investigate racial disparities in arrests and examine procedures within the department to find out how to prevent profiling.
The ACLU report notes that states spend more than $3.6 billion trying to enforce marijuana laws and suggests that legalizing the drug and gaining new tax revenues would be a better way to fight crime and substance abuse.
Source: Gainsville Sun, "ACLU finds wide racial disparity in area marijuana arrests," Cindy Swirko, June 8, 2013.
]]>The sheriff told reporters that he was defending the man's right to bear arms under the Second Amendment to the United States Constitution.
]]> This may cause some confusion for Florida residents who are not sure about the boundaries of gun rights in the state. The important thing to remember is that the state uses permits to aid public safety, so any firearms need to be properly licensed to own and the gun owner must have a concealed carry permit to have the weapon outside of their home in public spaces. Without the proper licenses someone could face weapons charges.
As far as the allegations of official misconduct go, the sheriff will face felony charges in his hometown court. He will have an opportunity to present evidence and make arguments that he did not abuse his power as sheriff and that he did not alert documents. As with other cases that occur in smaller Florida communities, it is crucial to remember that allegations may turn out to be false and that an arrest does not mean that someone has violated the law or been involved in misconduct.
Source: Miami Herald, "Rural Panhandle county rocked by sheriff's arrest," Gary Fineout, June 5, 2013.
]]>In order to conduct a search without a warrant, the situation must fall within one of several specific exceptions. One of these exceptions is a search incident to arrest which is allowed for purposes of public and officer safety and is generally used to find and remove weapons or contraband from a suspect. This typically involves a basic pat-down upon the arrest and the court says that the search should not extend beyond that.
]]> It was lawful for police to take possession of the cellphone as a part of the search and seizure that was permitted incident to the arrest, but the Florida Supreme Court says that it should have stopped there and that police needed a warrant to access the data and other information available on the cellphone.This ruling makes a lot of sense, since there are very few situations where information on a cellphone could impact the immediate safety of the officers and others in the suspects immediate vicinity. If there is reason to believe that it does, then the examination of the phone would fit under a different exception to the warrant requirement for public safety.
In the circumstances in this case, there seems to be no time sensitive reason why police could not appear before a magistrate judge and present information indicating that they had probable cause so that they could obtain a warrant.
Searching a cellphone is different than opening someones wallet or checking inside a cigarette pack seized during an arrest, the court said, because of the large amount of incredibly personal information contained on cellphones. This information should be guarded, according to the court, and therefore police must properly obtain a warrant before searching it.
Source: ABA Journal, "Cops can’t search cellphone seized at arrest, Florida Supreme Court says; will case go to SCOTUS?" Debra Cassens Weiss, May 3, 2013.
]]>Prosecutors brought a second degree felony charge of lewd or lascivious battery against the girl, resulting in her expulsion from the school where she plays basketball and mentors other student athletes.
]]> The case has spurned signficant controversy on the Internet and in the press as supporters of the Florida teen rally to push prosecutors to drop the charges. Her parents say that the girl was targeted by her girlfriend's parents who originally brought the case to the attention of police because they are upset that their daughter is a lesbian.As with other students who have been arrested recently in Florida, these charges could have a signficant impact on the girl's future aspirations such as attending college or continuing to pursue sports. Even if she is found to be not guilty of the alleged bad acts, the charge will remain on her record for college admissions staff and future employers to see.
Prosecutors are so far unsympathetic to the argument that the girl is suffering from anti-gay backlash from her girlfriend's parents, saying that the important fact in the case is whether or not the two had a sexual relationship and what their ages were at the time.
The younger girl was 14 years old at the time that they began seeing each other and first had a sexual encounter. Since the older girl was 18 at the time, prosecutors say this violates a law that renders minors under the age of 16 incapable of giving legal consent to adults.
Source: New York Times, "Florida Student, 18, Arrested for Sex with Teammate, 14," Carlos Harrison, May 21, 2013.
]]>In addition, the NTSB also says that states should increase use of breath test interlock devices, which prevent drivers from operating their vehicles without first taking a breath test to determine that they are not drunk. Currently most states install these devices only for repeat offenders or those who are convicted of being severely intoxicated at the time of the arrest. Under the new recommendation, states are encouraged to use interlock devices for everyone convicted of a DUI, regardless of their level of intoxication or if it is their first arrest.
]]> Some are concerned about the reach of these new recommendations, and whether they would truly keep dangerous drivers off of the road or whether they would incur harsh punishments on people who were not posing a threat to the public. In the case of ignition interlock devices, there have been some issues with reliable calibration in the past that could prevent a sober driver from operating their vehicle lawfully. Even the altered blood alcohol content level would be controversial, since the same quantity of alcohol often has a very different impact depending on the size of the person consuming it.
Source: The New York Times, “Safety Board Considers Lowering of Legal Limit for Drunken Driving,” Matthew L. Wald, May 14, 2013
]]>A recent incident at a Florida high school shows that school administrators and police can view the situation differently. A 17-year-old high school senior was arrested and now faces felony charges for his conduct during a food fight earlier this month.
]]> According to local reports and observations by law enforcement officials, the food fight may have started when a rival high school issued a dare to the Broward County students. The incident turned into more than teenage antics when administrators attempted to restrain one student who resisted and allegedly impaled a school official, leading to his arrest.
Other students may face suspension as a result of their involvment in the food fight. Reports indicate that there were hundreds of onlookers and many students directly involved in the incident.
For high school students, a felony charge and conviction can have serious consequences on their future plans. As we discussed in our previous post about another high school student who was accused of a felony, these accusations can impact college and job prospects and may have far-reaching consequences. This is one reason why it is important to take the accusations serious and vigorously defend young people against the criminalization of normal teenage conduct.
Source: Sun Sentinel, "Students arrested after food fight at Cypress Bay High," Wayne K. Roustan and Tonya Alanez, May 3, 2013.
]]>Many in the community are shocked by the charges for felony possession and discharge of a weapon on school grounds. Even the school principal says that the typically well-behaved student made a simple mistake.
]]> Still, the school district says that her conduct is grounds for expulsion under the school's conduct code, which raises some serious questions about the language and parameters of the code.An expert in high school discipline and punishment told reporters that the situation was "totally insane" and that zero-tolerance laws unfairly punish teens.
Even if the young woman is not convicted, facing the charges and a possible trial could have a very harsh impact on her future and potential job or college prospects.
The charges were brought by a state prosecutor who is facing criticism over the decision, particularly since she recently declined to prosecute a case of a teenage boy who shot and killed his younger brother with a BB-gun.
Witnesses noted that the 16-year-old has displayed maturity in taking responsibility for her actions and that she has been cooperative with police and did not attempt to flee the scene or avoid culpability for the incident. Most Florida readers would likely agree that this type of responsible action should be rewarded, rather than punished with felony charges.
Source: USA Today, "Florida teen arrested, expelled over science 'blast'" Michael Winter, May 2, 2013.
]]>The man in this case was convicted based partially on the fact that one of the victims identified him as the perpetrator during a lineup and later during the trial. However, the witness had only seen the robber's eyes and not his entire face or distinguishing features and had previously been unable to produce descriptive information to help compile a police sketch of the possible perpetrator.
]]> The witness only identified the alleged perpetrator after a police lineup, which was conducted in violation of the right to due process when police did not include any of the same people from the original photo array besides him. This means that the lineup was too suggestive and that his identification in the lineup was both unreliable and tainted by police misconduct.This case is just one example of innocent people can end up spending years behind bars as a result of mistakes or intentional misconduct by police. The court also noted that this case supports a growing body of work on the relative unreliability of eyewitness accounts, which can be colored by outside influences and the stress of the crime that they witness.
Source: Courthouse News Service, "Eye Witness Flaws Spell Retrial of Robbery Case" Adam Klasfeld, April 25, 2013
Information about robbery and other theft crimes can be found on our Florida criminal defense page.
]]>An interesting part of the right against self-incrimination is that it has generally been applied to affirmative statements. The Miranda warnings serve as a method for making sure that statements by suspects are made with an appropriate level of knowledge and understanding about the consequences of those statements. If the statements are not made voluntarily, for example, because of the use of harsh interrogation techniques, then prosecutors could be barred from introducing the statements at trial. In this case, prosecutors sought to introduce information about silent conduct and the fact that the man did not speak in regards to one question after having discussed other issues with officers.
]]> In other contexts, prosecutors are not allowed to use silence as evidence against defendants. For example, prosecutors cannot bring up the fact that a defendant chose not to testify at their own trial, since that would be considered "compelling" evidence from an unwilling defendant by basically penalizing them in the eyes of the jury for not speaking.The case before the Supreme Court is an appeal from a man who was convicted of murder after he did not answer a question about the gun that he owned and prosecutors told the jury that his refusal to answer could mean he was guilty. Since this case involves such a serious crime, its easy to think that this legal issue applies only in dramatic cases, but the reality is that people refuse to answer police questions all the time, generally believing that it is their right not to speak. This case could have a big impact on that assumption.
Source: MSNBC, "The Supreme Court takes up the Fifth Amendment: Is silence proof of guilt?" Dominic Perella, April 16, 2013.
Information about criminal defense and the rights of people who are suspected of crimes in Florida is available on our website.
]]>The man was approached by police after one homeowner apparently saw him loading some expensive sod into a van that contained other items such as bushes and palm trees. As many Florida homeowners know, these items can be quite expensive. In this particular case, the homeowner who says he had sod taken from his yard told police that the items were worth about $400. So, even though the theft of lawn supplies may not seem very serious to some readers, the man is being charged with grand theft and burglary.
]]> Theft charges depend significantly on the value of the items stolen, so the charges will increase in severity and the potential penalties will increase when an item was worth more. In the specific instance of theft charges in Florida, the item or items need to be worth only $300 in order for prosecutors to upgrade the charge from petty theft to grand theft.As with any other felony charges, a conviction could result in time spent in jail along with significant fines, community service, or other penalties that the court sees fit for the particular case. This is just one reason why Florida residents should take any type of criminal allegation seriously.
Source: Sun Sentinel, "Police uproot serial sod theft suspect in Fort Lauderdale," Wayne K. Roustan, April 11, 2013.
More information about theft charges in Florida can be found on our criminal defense page.
]]>Specifically, investigators say that the men skirted Florida campaign donation limits of $500 per person per candidate by having their employees and others write checks to campaigns, reimbursing them later in cash or check. The employees apparently had no knowledge of the candidates or what they were contributing to.
]]> Many Florida readers do not realize that violating campaign finance laws can be so serious and can result in penalties like jail time and probation. In fact, like other white collar and federal crimes, illegal campaign donations can have serious consequences that include fines, community service, probation, and some jail time. When people who are accused of fraud crimes decide to make a plea deal with prosecutors, the penalties that they agree to could be specially tailored to the particular case.In this case, prosecutors and the two brothers came to an agreement that included barring them from making campaign donations of any kind while they are still on probation. The men must also contribute a large sum of money to local charities.
The brothers have been implicated in possible criminal conduct related to other relationships with local politicians, although no charges were filed in other cases. The pain clinic owners had been active in lobbying efforts on the issue of tort reform and had argued that Florida should maintain high recovery limits for people who had been injured in accidents.
Source: Miami Herald, "Hialeah pain clinic owner pleads guilty to making illegal campaign contributions," David Ovalle, April 3, 2013.
Information about fraud and other white collar criminal charges in Florida can be found on our website.
]]>Instead of sending the woman a set of tickets as promised, the man sent her a flyer that said "Go Ravens! LOL!" While this may seem like a typical football fan playing a prank on a fan from a rival team, these type of behavior can result in criminal liability if it goes too far. In this case, what the man may have intended to be a prank when it started has turned into a months-long police investigation along with felony charges.
]]> The charge of felony theft could result in fines, restitution for the victim, prison time, or other penalties as the court sees fit if the man is convicted of the crime. However, it is important to remember that just because someone is arrested and charged with a crime, that does not mean that they are guilty. Up to this point, the public has only heard one side of the story from the woman who says she was the victim of a fraud. If the case goes to trial, then the public will have an opportunity to hear from the man accused of the crime.Source: Union City Patch, "Florida Man Arrested in $5,900 Super Bowl Ticket Scam," March 27, 2013.
More information about charges for various internet crimes can be found on our Fort Lauderdale criminal defense site.
]]>Each of the witnesses in the hearing testified to the fact that the deceased man had come to their homes invited and then stayed past his welcome and eventually engaged in a physical altercation when the rightful inhabitants of the homes attempted to get him to leave. One witness displayed a scar on his hand that he said was from being bitten by the deceased man after he refused to leave the house. Another told the court that the deceased man had attacked him using a screwdriver.
]]> Florida, as many readers are aware, has an enhanced self-defense law known as a Stand Your Ground law. Typically in a self-defense case, people are authorized to use only as much force as they need to protect themselves or third parties from bodily harm. In some cases where the attacker seems ready to inflict serious bodily injury, a person may use deadly force in defending themselves or third parties. Many states require people to retreat when they have an opportunity to do so. Under Florida's Stand Your Ground law, in addition to using the force that is necessary to simply avoid an injury, people are not required to retreat when an opportunity presents itself. Stand Your Ground is an extension of the Castle Doctrine, which does not require people to retreat when they are threatened within their own home.Source: Sun Sentinel, "Dead man was no victim, defense in Broward murder case argues," Rafael Olmeda, March 20, 2013.
More information about violent crime charges in Florida can be found on our Fort Lauderdale criminal defense page.
]]>The 4th District Court of Appeals recent ruled on a case that tested the limits of when police must issue that carefully worded warning, in a case involving a man who was suspected of killing his abusive father and who was barricaded in his house during an extended standoff with police. Prosecutors introduced taped recordings of the man's phone calls with a detective during the standoff, during which he made statements suggesting his guilt.
]]> The circuit court judge who initially reviewed whether or not the tapes could be admitted into evidence and heard by the jury determined that since the man was not in police custody at the time of the statement, he was not entitled to a Miranda warning by the detective.The issue that the appeals court was dealing with was whether or not being barricaded in a house surrounded by police could be considered police custody, which triggers the requirement to issue a Miranda warning to a suspect.
There are several factors that court evaluate when looking to see if a person is "in custody" in the legal sense of the term. One aspect is whether a suspect feels like they are free to leave and end the interaction with police. In this case, the court said that because the conversations took place over the phone, the man was free to hang up at any time, ending the interaction and effectively leaving. In fact, the man was the one who initiated contact with the police in several instances, calling the detective twice.
In addition to these considerations, the court also looked to a ruling from another jurisdiction which expressed concern for public safety and the resolution of tense standoffs if police are required to recite Miranda warnings.
The man may still choose to appeal to the Florida Supreme Court to try to get the recent Appeals Court decision reversed. If that effort were to be successful, the man would have the benefit of a new trial in which the tapes could not be used as evidence.
Source: Sun Sentinel, "Court rules barricaded suspects not entitled to Miranda warning," Rafael Olmeda, March 14, 2013.
Information about the rights of criminal defendants in violent crime cases in Florida can be found on our Fort Lauderdale attorney site.
]]>For a police search to be lawful, it must be accompanied by probable cause. Probable cause means that it must be more likely than not that criminal activity is afoot. The use of drug sniffing dogs is controversial because they have been shown to be unreliable if they are not properly trained, which means that their signals may or may not provide adequate probable cause for officers to begin a search.
What do think - should police be able to use drug-sniffing dogs to justify a search? Or should they be required to have additional evidence to establish probable cause?
Source: USA Today, "Supreme Court rules in favor of drug-sniffing dog," Richard Wolf, Feb. 19, 2013.
More information about Florida drug crimes can be found on our Fort Lauderdale criminal defense site.
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