Jacksonville Criminal Defense Lawyer Blog

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 vehicle.” Florida v. Singleton, 595 So. 2d 44, 45 (Fla. 1992) (Read Search of a Stolen Car in Jacksonville Vehicle Theft Cases). However, this does not mean that the driver cannot challenge the search or seizure of his person. In Nelson v. State, 578 So. 2d 694 (Fla. 1991), the Florida Supreme Court ruled that the driver had standing to challenge his stop. The Court “recognized the distinction between the seizure of property in which the defendant did not have a possessory interest and the seizure of a person.” Singleton, 595 So. 2d at 45. Therefore, in Jacksonville Grand Theft Auto cases, even if the driver cannot challenge the search of the stolen car, he can attack the initial stop of the car.

If you have been charged with a crime in Jacksonville, Florida or the surrounding areas, it is important to speak with an Jacksonville Criminal Attorney about any stop or search that occurred in your case.

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 criminal defendant is charged with Jacksonville fleeing and attempting to elude an officer and Jacksonville grand theft auto. Police will usually search the stolen vehicle.

The U.S. Supreme Court has held that in order for the driver of a vehicle to have standing to challenge the search of a vehicle, “he or she must show a proprietary or possessory interest in the area of search or that there are other factors which create an expectation of privacy which society is willing to recognize as reasonable.” Rakas v. Illinois, 439 U.S. 128 (1978); Katz v. United States, 389 U.S. 347 (1967). The driver of a stolen car cannot challenge the search of the car. The Florida Supreme Court confirmed this ruling in State v. Singleton, 595 So. 2d 44 (Fla. 1992). Recently, the Florida Fifth District Court of Appeals held in accordance with this law in State v. Gentry, 36 Fla. L. Weekly D534a (Fla. 5th DCA, March 11, 2011).

Read Also, Jacksonville Police Stop and Search Vehicles in Grand Theft Auto Cases.

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 a vehicle, a St. John’s County Criminal Attorney should evaluate the search and seizure. Did the St. John’s County Police Department have probable cause to stop the vehicle? This will be based on the description of the vehicle and the knowledge that they had prior to stopping the vehicle. If so, did the police have grounds to search the vehicle? In order for a police officer to search an person’s vehicle, the officer must have a warrant or be entitled to search under an exception to the Florida warrant requirement. The exceptions to the warrant requirement include the following:

1. a search incident to a lawful arrest;

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 as to whether the police actually stopped the correct vehicle. After all, a Ford Explorer is a popular SUV. However, the media reports state that:

“Investigators said the driver allowed them to search the vehicle, and they found numerous $5 bills, along with a printer and equipment that is used to wash ink from bills, and other counterfeiting equipment. Deputies said they also found several counterfeit $100 bills and property bought with the fake bills.”

Since this evidence is very damaging to the defense, a St. Johns Criminal Defense Attorney will examine the case in great detail to see if there are grounds for a motion to suppress the evidence that police found based on an unlawful stop or seizure (See Exceptions to the Florida Warrant Requirement when Searching a Car in St. John’s County Florida by a Jacksonville Criminal Defense Lawyer).

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 from the accusation that James passed an altered $100 bill at the St. Augustine Outlet Mall. However, they were not stopped at this Florida mall. Instead, an employee of one of the stores followed their vehicle to the International Golf Parkway. Local media reports that the employee lost the vehicle as it turned South on Interstate 95. The employee gave a description of the vehicle, a Ford Explorer, to the Florida St. John’s County Police Department.  

Was the stop of this vehicle in St. John’s County, Florida lawful?  Read Stop and Search of St. John’s County Florida Criminal Defendant’s Vehicle by a Jacksonville Criminal Defense Lawyer.