Unreasonable searches and seizures are unconstitutional. If a police officer violates this prohibition against unlawful searches and seizures, any evidence that was found due to such violation can be suppressed. Therefore, the evidence cannot be introduced at trial. In Florida, there are three types of police encounters: a consensual encounter…
According to Florida Statute Section 790.23, a person that has previously been convicted of a felony cannot possess a firearm. Under Section Section 10.15 of the Florida Standard Jury Instructions, the state must prove that the convicted felon had in his care, custody, possession, or control a firearm, electric weapon/device, or…
Today, I learned about a game that some children play in the Jacksonville, Florida area. It is called “Man Hunt.” It appears to be a spin off of hide-n-seek and tag, but firearms are involved. According to an article entitled “How to Play Man Hunt,” the players set up a…
Can a convicted felon possess an antique firearm in Jacksonville, Florida? It appears that the Florida Supreme Court has not directly answered this question. According to Florida Statute Section 790.23, a convicted felon is prohibited from possessing a firearm. This crime is known as Jacksonville Possession of a Firearm by…
Imagine someone steals your gun from your Jacksonville residence, and he shoots someone with it. Are you liable for this Jacksonville gun crime? Maybe. The answer depends on the facts of your case. For example, under Florida Statute Section 790.174, Jacksonville residents must store their guns in a securely locked…
Plaxico Burress, New York Giants’ receiver, accidently shot himself in the leg last Friday night while at a nightclub. The NFL player has been charged in New York with criminal possession of a weapon. New York has strict gun laws that require a minimum mandatory prison sentence. Similarly, Florida laws prohibit…
On Sunday morning, two masked men robbed a doctor at gunpoint in Jacksonville, Florida. They forced their way into the doctor’s house seeking Oxycontin. However, the doctor did not have this medication, but they did steal $150 in cash. Clearly, the men that committed will be subject to home-invasion,…
The Jacksonville Sheriff’s Office has in effect an initiative known as “Operation Safe Streets.” Due to Jacksonville’s soaring murder rate, this initiative focuses on gun crimes. The idea behind Operation Safe Streets is that a criminal defendant charged with a gun crime will serve time in jail. The goal of…