Jacksonville Criminal Defense Lawyer Blog

In Florida, evidence that is obtain as a result of an unlawful search or seizure can be suppressed. Normally, a Jacksonville Criminal Defense Lawyer will analyze the case to determine whether an illegal search or seizure has occurred. If one has taken place, the Jacksonville Criminal Defense Lawyer will likely filing a motion to suppress any evidence retrieved due to such conduct.

For instance, the Florida Third District Court of Appeals held that the defendant's motion to suppress should have been granted, because the cocaine that she was charged with possessing was found as a result of unlawful police detention. In Hidelgo v. State, Ms. Hidelgo was the passenger of a vehicle that was stopped due to a traffic violation. She and the driver consented to a search of the vehicle. During this search, police patted down Ms. Hidelgo, handcuffed her, and placed her in the police car. The police did not find anything in the vehicle, and Ms. Hidelgo and the driver were free to leave. After this, an officer searched the back of the car in which Ms. Hidelgo was held. He found a plastic bag with cocaine. The officers stopped the vehicle once again and arrested Ms. Hildelgo. She was charged with Florida Possession of Cocaine.

The Florida Third District Court of Appeals ruled that the stop and search of the vehicle were legitimate. Although Ms. Hidelgo consented to the search of the vehicle, the State of Florida did not present evidence to establish that she "consented to being handcuffed and place by herself in the back of a police vehicle for a lengthy period of time." She was treated as if she was under arrest as she was not free to leave.

Under Florida Law, a law enforcement officer may detain an occupant during a valid search of the premises in order to:

1. prevent flight in the event that incriminating evidence is found;
2. minimize the risk of violence to officers or others; and
3. orderly complete a search.  

On Saturday night, December 19, 2009, Jacksonville police officers found Jacksonville resident, Corey Formey, dead in his home near 103rd Street. Two suspects have been arrested in connection with this case. Jerry Drake was arrested for the murder, while Valorie Grant is being charged as an accessory after the fact. Both defendants lived in Chase Ridge Apartments, the same apartment complex as Mr. Formey.

Police believe that the Mr. Drake committed the Jacksonville home invasion armed robbery in order to obtain drugs and money. According to Jacksonville media reports, Mr. Formey was a drug dealer. His apartment was found in disarray, so it is likely that a struggle may have occurred, or the culprit searched the home for drugs and money.

Mr. Drake will be charged with first degree murder in Jacksonville, Florida, because the murder was committed while engaged in a robbery. According to Florida Statute Section 782.04, this is a capital felony punishable by death or life in prison. If Mr. Drake used of a firearm, he will be subject to Florida's 10-20-Life Statute, resulting in a minimum mandatory sentence of life in prison. Since Ms. Grant is charged an accessory after the fact for first-degree murder, she will be charged with a first-degree felony, pursuant to Florida Statute Section 777.03. She can receive up to thirty years in Florida State Prison.

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 316.610.  However, a stop is only permissible under this Section if the crack poses a safety hazard.  This would make the vehicle unsafe and allows the officer to stop the driver, because he has a particularized and objective basis to believe that the driver is violating the law.  

On the other hand, if the windshield does not create a safety hazard, the officer does not have reason to stop the driver.  In

Like Mr. Hilton, criminal defendants are often stopped because of traffic infractions, such as a cracked windshield, in Florida.  While some stops may be legitimate, others are not.  Therefore, it is important to have a Jacksonville Criminal Attorney review the facts surrounding the stop to determine if a motion to suppress should be filed based on an illegal stop.   

Jacksonville Juvenile, Quintavis Seay, is only 16-years-old and charged with the homicide of a 20-year-old Jacksonville man, Jeremy Godboldt.  According to local reports, Seay was involved in a physical altercation with Godboldt and his brothers.  At some point, Seay allegedly shot Godboldt, who was later pronounced dead at the hospital.

Seay will likely be charged as an adult.  If he is charged with murder, he could face life in prison without parole, despite his age.  Since the shooting death stemmed from a fight between the alleged victim (Godboldt) and the Jacksonville criminal defendant (Seay), I would not be surprised to see Seay's Jacksonville Criminal Defense Lawyer argue that Seay acted in self-defense.  This is even more plausible considering that Godboldt's two brothers may have assisted him in the fight.  Also, reports state that "the fight that led to Godboldt's death was part of an ongoing dispute between him and Seay."  Therefore, we need to look at all the evidence, including prior contact between these two people, to see if Seay acted reasonably under the circumstances.