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Articles Posted in Search and Seizure

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United State Supreme Court Rules that Juvenile Criminal Defendant’s Constitutional Rights Were Violated

In J.D.B. v. North Carolina, 131 S.Ct. 2394 (2011), a uniformed officer questioned a 12-year-old boy at school about a string of local burglaries. The officer told the boy he was free to leave, but also told him that a court could order juvenile detention. The school’s assistant principal told…

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Jacksonville Juvenile Criminal Suspects are Entitled to Warnings Before Being Questioned by School Campus Police Officers

As a Jacksonville Criminal Defense Lawyer, I have represented juveniles that were questioned by police officers in their schools. Recently, in a 5-4 ruling, the United States Supreme Court addressed this issue. For the first time, the Court ruled that children questioned by police in school must be given Miranda…

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Florida Appellate Court Rules the that Search of a Florida House was Unconstitutional

Recently, the Florida Fourth District Court of Appeals ruled on a protective-sweep search of a Florida residence in a Florida Possession of Cocaine, Marijuana, and Paraphernalia case. The Florida Court held that the search of a bedroom was unlawful which occurred during an arrest of a woman, Mary Rogers, in…

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Is Searching a Jacksonville House Without a Warrant Constitutional?

In general, Jacksonville police officers cannot search a house without a warrant. However, there are exceptions to the rule. On exception to the Jacksonville Florida requirement that a warrant is need for a search is the “protective sweep.” When police officers make an arrest in a house, they “may as…

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Jacksonville Police Stop and Search Vehicles in Grand Theft Auto Cases

In Jacksonville Grand Theft Auto Cases, police officers will often stop and search the vehicle involved. The law is well-established that “the driver of a stolen automobile [has] no right to challenge the search of the stolen vehicle because he [does] not have a legitimate expectation of privacy in that…

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Exceptions to the Florida Warrant Requirement when Searching a Car in St. John’s County Florida

Note: This article is a continuation of St. John’s County Florida Counterfeit Currency Bust and Stop and Search of St. John’s County Florida Criminal Defendant’s Vehicle by a Jacksonville Criminal Defense Lawyer. When examining a St. John’s County Florida Counterfeit Currency Arrest, or any other criminal case that involves the…

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Stop and Search of St. John’s County Florida Criminal Defendant’s Vehicle

St. John’s County Police stopped a vehicle in connection with a Counterfeit Currency allegation based on a tip from an employee at the St. Augustine outlet mall (See St. John’s County Florida Counterfeit Currency Bust by a Jacksonville Criminal Defense Lawyer). As a Jacksonville Criminal Defense Lawyer, I became suspicious…

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St. John’s County Florida Counterfeit Currency Bust

Two men were arrested yesterday for passing counterfeit currency in St. Augustine, Florida. Georgia residents, Karl Hollingsworth and Dennis James, were booked into the St. John’s County Jail and charged with Florida Possession of Counterfeit Currency, Florida Possession of Tools for Forgery Counterfeiting, and Passing a Forged Bill. This stems…

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