The Florida Fifth District Court of Appeals heard a Florida DUI appeal and ruled that the stop of the driver was valid. In State v. Gentry, 36 Fla. L. Weekly D534a (Fla. 5th DCA March 10, 2011), the trial court granted the Florida DUI defendant’s motion to suppress evidence that…
Jacksonville Criminal Defense Lawyer Blog
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…
Search of a Stolen Car in Jacksonville Vehicle Theft Cases
As a Jacksonville Grand Theft Auto Attorney, I have seen a fair share of Jacksonville Grand Theft Auto Cases. In most of the cases that I have handled, the Jacksonville Sheriff’s Office attempts to stop the vehicle. Quite often, the suspect runs from the vehicle. When this occurs, the Jacksonville…
Jacksonville Man Will Serve 90 days in Duval County Jail for Accidental Shooting
A Jacksonville father, Donnell Bernard Burney, will serve 90 days, followed by 5 years probation, in Duval County Jail for the Accidental Shooting of his 6-year-old daughter (Jacksonville.com). While Mr. Burney did not pull the trigger, he was charged with a third-degree felony for Jacksonville culpable negligence involving a firearm,…
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…
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…
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…
Florida Court Rules that Police Officers Cannot Search Every Vehicle Impounded
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…
Atlantic Beach Florida Bar Manager Dies Due to Alcohol-Related Car Accident, but not Driving Under the Influence
In Atlantic Beach, Florida, a local bar manager was hit by a van. Kathleen Bryson Lamb died two days later at Shands Jacksonville hospital. After the Jacksonville Sheriff’s Office conducted a traffic homicide investigation, they determined that the car accident was related to alcohol. As an Atlantic Beach DUI (Driving…
Police May Search a Car without a Warrant in Jacksonville if it is an Inventory Search
In Jacksonville, Florida, if a driver is placed under arrest and the vehicle he is driving is impounded, the vehicle is usually searched as part of an inventory search. An inventory search is an exception to the rule that requires Jacksonville police officers to have a warrant before conducting a…