What is Probable Cause? “Probable Cause” is the standard used to determine whether or not there is sufficient reason to make an arrest. In the case of Bryant v. State, the Second District Court of Appeals described probable cause, as follows: “Probable cause for an arrest has been defined to…
What is probable cause? When a police officer conducts an arrest, probable cause is the standard used to justify a search by police. It simply is the legal basis upon which a legal search by a policeman or police agency can be based. The Fourth Amendment to the United States…
Seeing the flashing lights and hearing the siren of a police car behind you while on the road is always scary. In the best cases, these traffic stops are very brief and only involve a short conversation. In other instances, though, the stop may become much more serious, and the…
Police frequently conduct searches of individuals based on a reasonable suspicion. A brief investigative detention based on a reasonable suspicion is called a “Terry Stop”. What is Reasonable Suspicion? Reasonable suspicion is a term that is used to refer to a police officer’s reasonably justifiable suspicion that a person had…
What is Mens Rea? Mens Rea is the mental element of an individual’s intent to commit a crime. It can also be expressed as the knowledge that a particular act would result in a crime being committed. Why is Mens Rea significant if I have been accused of a crime?…
The United States Supreme Court handed down a decision that has been historic in a case entitled the Miranda v. Arizona, in 1966. Essentially, four cases made it to the United States Supreme Court with similar issues. All cases involved interrogation by police in a closed room where the putative…
When Should You File a Post Conviction Relief Motion in Florida? A motion for post conviction relief is a motion that is filed after an individual is convicted of a crime where the court is being asked to relieve a person from their conviction. The following grounds may be used…
Florida Statute 316.2953 provides the law on window tinting and what is legal in the State of Florida. It states that “a person shall not operate any motor vehicle on any road on which vehicle the side wings and side windows on either side forward of or adjacent to the…
A recent United States Supreme Court case, Byrd v. U.S., No. 16-1371 (2018) discussed the parameters of expectation of privacy under the Fourth Amendment of the U.S. Constitution. There was a circuit split about whether an unlisted driver of a rental car has a reasonable expectation of privacy in the rental…
F.S. § 893.13 provides that a person may not sell, manufacture, or deliver, or possess with intent to sell, manufacture, or deliver, a controlled substance. The penalties can be a felony or misdemeanor depending on the type and quantity of controlled substance you possess, among other things such as selling…