Do the Police Demand an Arrest Warrant? When do the Police Want an Arrest Warrant? The Fourth Amendment of the United States Constitution regulates seizures of males and girls and residence. An arrest is a seizure which triggers Fourth AmendmentRead more…
Waiver of Right to Speedy Trial
Waiver of Suitable to Speedy Trial Florida’ Speedy Trial Rule Florida has a state distinct speedy trial rule which offers defendant’ additional protections not covered by the Sixth Amendment of the United States Constitution. Case law with regards to theRead more…
Motion for Downward Departure | Florida Statute 921.0026
Motion for Downward Departure | Florida Statute 921.0026 Florida Statute 921.0026(1) authorizes the court to take into account mitigating elements in order to establish regardless of whether or not or not a downward departure from the advised sentence on theRead more…
Justice Scalia – Racism – The 4th Amendment
Justice Scalia – Racism – The 4th AmendmentTragically, Justice Scalia passed away on February 12 or 13, 2016. I have sat back and watched Facebook and other social media pages get filled with tasteless memes and specious accusations of racism. Read more…
Implied Consent Refusal| Drug and Alcohol Test
Implied Consent Refusal| Drug and Alcohol Test What are Implied Consent Laws? All 50 states have an implied consent statute. Implied consent laws that demand a driver to submit to a chemical test when there is probable lead to toRead more…
Vehicle Immobilization for Florida DUI| Florida Statute 316.193(6)(a)
Vehicle Immobilization for Florida DUI| Florida Statute 316.193(6)(a)Penalties for Driving Beneath the Influence Automobile immobilization is a single of the penalties for driving beneath the influence in Florida. While the statutory language says that auto immobilization is mandatory, there areRead more…
Traffic Stop Outside of Jurisdiction | Motion to Suppress
Out of Jurisdiction Traffic Stop | Motion to Suppress Can a Police Officer Stop Me Outdoors of His Jurisdiction? The normal answer to this query is no. Nevertheless, as with each and every and every single single other legal principle, thereRead more…
Constitutional Right to a Speedy Trial
Constitutional Acceptable to a Speedy TrialHow lengthy does the state have to bring me to trial? The right to a speedy trial is not as straightforward and simple as it appears. Florida has its individual extra speedy trial guidelines. A misdemeanorRead more…
Police can’t delay traffic stops to investigate crimes absent suspicion
If I am reading this appropriately, the Judges in the 8th Circuit do not look to realize that the Supreme Court is correct by definition. See Marbury vs. Madison. This is a pretty efficiently settled location of law. Here areRead more…