What is Probable Cause? “Probable Cause” is the standard used to determine whether or not there is sufficient reason to make an arrest. In the case of Bryant v. State, the Second District Court of Appeals described probable cause, as follows: “Probable cause for an arrest has been defined to…
What is Abuse of Process? Abuse of process involves the use of criminal or civil legal process against another primarily to accomplish a purpose for which it was not designed. In the case of Cline v. Flagler Sales Corporation, Cline purchased what was described as a chattel (possibly an appliance)…
What is probable cause? When a police officer conducts an arrest, probable cause is the standard used to justify a search by police. It simply is the legal basis upon which a legal search by a policeman or police agency can be based. The Fourth Amendment to the United States…
In short, the cause of action of Civil Theft involves the taking of another person’s property without their consent with the intention to deprive the person of their property. There is no distinction in terms of the act of theft between criminal and civil theft. However, the consequences are different…
Seeing the flashing lights and hearing the siren of a police car behind you while on the road is always scary. In the best cases, these traffic stops are very brief and only involve a short conversation. In other instances, though, the stop may become much more serious, and the…
Police frequently conduct searches of individuals based on a reasonable suspicion. A brief investigative detention based on a reasonable suspicion is called a “Terry Stop”. What is Reasonable Suspicion? Reasonable suspicion is a term that is used to refer to a police officer’s reasonably justifiable suspicion that a person had…
The criminal offense of driving under the influence (DUI) seems straightforward but is much more complex than people first think. It can be found in Florida statute §316.193. All drivers within the state of Florida should know about the state’s DUI laws, and what…
In the state of Florida, a person who has any alcohol in his or her body is prohibited from being in physical control of a motor vehicle. F.S. 322.62. The penalties for violation of this law result in being placed out of service immediately for a twenty four hour period. …
In Florida, someone who has been convicted of a crime can consider appealing a conviction to obtain relief from the conviction and sentence. The criminal court system allows appeal. However, most lower court decisions are upheld. Therefore, attempting to appeal a case may be a significant challenge. Some appeals are…
What is Mens Rea? Mens Rea is the mental element of an individual’s intent to commit a crime. It can also be expressed as the knowledge that a particular act would result in a crime being committed. Why is Mens Rea significant if I have been accused of a crime?…