Monthly Archives: December 2020
Three Common Search Warrant Exceptions
During the Colonial period, British officials used blank warrants to search private property at will. So, the Framers added the Fourth Amendment to the Constitution. Almost immediately, the courts carved out some exceptions to the warrant requirement. Over the years, these exceptions have broadened to the point that officers rarely bother to obtain search… Read More »
Reasonable Suspicion in a Tampa DUI Case
Unless the stop occurred at an approved DUI sobriety checkpoint, officers must have reasonable suspicion to detain motorists. This rule, which comes from 1968’s Terry v. Ohio, has been watered down over the years. However, the rule itself still stands. Officers must have specific, articulable facts to detain suspects. In plain English, that usually… Read More »
Special Consent Rules in Florida Sex Crimes Cases
Many states very narrowly define consent in sexual battery matters. But Florida’s definition is rather broad. The law defines “consent” as “intelligent, knowing, and voluntary consent.” Perhaps most significantly, there is no reference to prior encounters between the two parties. So, in the Sunshine State prior consent could be evidence of current consent. Nevertheless,… Read More »
The Three Ps of a Drug Possession Charge
The War on Drugs perhaps saw its most surreal moment when Elvis met Nixon in the White House in December 1970. The King asked Nixon to make him an undercover marshal, because according to a letter he gave the President, Elvis had “done an in-depth study of drug abuse and Communist brainwashing techniques.” We… Read More »