In Kilburn v. State, 36 Fla. L. Weekly D394b (Fla. 1st DCA 2011), the Florida First District Court of Appeals ruled that a Florida inventory vehicle search of a vehicle was invalid and declared an unlawful search. The defendant, Kilburn, was arrested for Florida DUI (driving under the influence). The…
In some Jacksonville criminal drug cases, police conduct an illegal search and/or seizure. For instance, a police officer may search a person or a person’s home in a manner that violates the 4th amendment of the Constitution. If a Jacksonville illegal search occurs and police find drugs (or other incriminating…
In Jacksonville, Florida, a police officer must have probable cause to arrest a person. However, police can conduct a consensual encounter with an individual without probable cause. Therefore, it is very important to review any kind of police contact to determine if it is a consensual encounter or illegal police…
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…
Is a police officer permitted to stop a driver with a cracked windshield in Florida? It depends. A Florida driver can be stopped problems with a windshield if the windshield violates a provision listed in Florida Statute Section 316.2952 or Section 316.610. A cracked windshield would be covered in Section…
In the recent United States Supreme Court decision, Arizona v. Gant, the Court limited a police officer’s ability to search a criminal defendant’s vehicle. Prior to this ruling, there was a debate as to whether police officers may search the passenger compartment of a vehicle when an occupant of the…