Articles Posted in Improper Searches / Seizures

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Imagine that while driving your car, you are stopped by the police for having an expired tag or for speeding.  The officer approaches and tells you the reason for your stop.  He / she then asks for your license, registration and insurance card.

The officer then asks you to step out of the car.  After you do, you’re patted down and drugs, a gun or other contraband are found on you.  The officer then searches your car and finds more of the same.  You’re then arrested and charged with possession of a controlled substance, drug trafficking or as a felon in possession of a firearm.  What can you do?  The answer in short:  sometimes plenty.

The above is a common scenario for what should otherwise be a simple, routine traffic stop where you’re issued a ticket and then go on your way.  Fortunately, a skilled and knowledgeable criminal attorney can oftentimes not only lessen the effects of this incident on you, but perhaps obtain reduced charges or even an outright dismissal of your charges.    Continue reading

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On September 29, 2017 the First District Court of Appeal made new law concerning the type of signage posted on your property that can prevent warrantless investigation of the occupants.  The case is State of Florida v. Crowley; Case No.:  1D16-3380.

In Crowley, Jacksonville Sheriff’s Officers received an anonymous tip someone was growing and selling marijuana from their home.  An officer decided to visit the home and talk to the occupants. Upon his arrival at the home, the officer approached up the front walkway to the front door which bore a conspicuous “No Soliciting” sign.  Ignoring the sign, the officer knocked on the door.  Robert David Crowley opened the door and spoke with the officer.  Mr. Crowley did not ask the officer to leave the premises.  The officer inquired about a supposed lost friend.  While speaking with Mr. Crowley the officer detected a strong odor of marijuana emanating from inside the home.

After the conversation ended, the officer obtained a search warrant and returned to search Mr. Crowley’s home.  The search produced seventy-seven marijuana plants, drug paraphernalia, and a firearm.  Mr. Crowley was then arrested and criminally charged.  Continue reading