Category Archives: Criminal
Vehicle Black Boxes: Does The 4th Amendment Apply?
The 4th Amendment is about as old as the country itself. Yet, it seems that every day, there are new cases that come up, as courts try to square our constitution with new innovations in technology. What Are Black Boxes? This time the legal issue relates to black boxes. You may have heard of… Read More »
Understanding Florida’s Murder Laws – Degrees of Severity
Murder is considered the most serious crime that someone can commit. In many cases, an accused may try to plead innocent of all charges. But in other cases, the question may not be guilt or innocence, but rather, minimizing the sentence that could be imposed. In that case, it’s important to understand the differences… Read More »
Incomplete or Inchoate Crimes
We all know that it is illegal to commit crimes. But what about trying to commit a crime? When can you be found guilty of committing a crime that you tried to commit-but failed to complete? Inchoate Crimes These are called inchoate crimes, and we usually refer to them as “attempted” crimes. Of course,… Read More »
When Can You Assert the Fifth Amendment?
The fifth amendment is well known to people, and has become somewhat famous by its use in movies, and with certain government officials who seem to assert it quite often. But when can you assert the fifth amendment? What is the Fifth Amendment? The fifth amendment is the constitutional right to refuse to say… Read More »
Do Police Need a Warrant Before Obtaining Your DNA?
We all know of the importance of DNA evidence in criminal cases. It can convict people definitively. It can get people who are wrongly convicted, released from prison. It is often the first thing police at a crime scene collect. But do police need a warrant to collect your DNA? The answer is more… Read More »
Police Can Make Reasonable Mistakes When Stopping You
Even if you’re not a constitutional law scholar, you probably know that the constitution affords all citizens a right to freedom from unreasonable search and seizure under the 4th amendment. Any evidence obtained in violation of the 4th amendment cannot be used against you at trial (this is sometimes called the “exclusionary rule”). But… Read More »
Removing a Police GPS is Not Theft
The law of searches and seizures is always evolving as technology grows. For those accused of committing a crime, understanding privacy rights can be vital, as evidence obtained against you showing the commission of a crime cannot be used if it was obtained in violation of the constitution’s fourth amendment. Man Accused of Removing… Read More »
Police Need a Warrant to Use a Stingray Location Tracking Device
The law has caught up to technology when it comes to cell phones, and our constitutional rights to privacy in the data and information contained in our cell phones. When law enforcement stops us, they cannot search cell phones, unless they have a legally recognized exception, the same way that they would need to… Read More »
Cash Bail System is Under Attack
The right to post bail in order to free someone from being detained while they await trial is a fundamental right of all Americans. Bail is written in our constitution. It has also become part of our culture, with bail hearings and bondsmen taking center stage in movies and TV. But the system of… Read More »
What is Reasonable Suspicion?
The law is clear and established under our constitution: a police officer cannot stop you and hold you unless the officer has what is known as “reasonable suspicion” that a crime has been committed, or that you have broken a law. What is Reasonable Suspicion? Reasonable suspicion is the first step before getting to… Read More »