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…
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. …
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?…
The United States Supreme Court handed down a decision that has been historic in a case entitled the Miranda v. Arizona, in 1966. Essentially, four cases made it to the United States Supreme Court with similar issues. All cases involved interrogation by police in a closed room where the putative…
Is There a Warrant Issued in My Name? There are numerous warrants issued for almost every type of crime that occurs in Florida. The warrant system is used to apprehend criminals and those accused of a crime. Despite the belief that warrants expire, they do not. Additionally, warrants can be…
The Sixth Amendment to the Constitution of the United States provides that: In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been…
Under both federal and state laws, the willful possession of illegal controlled substances is a crime. If you ever get arrested for drug possession, know that you are facing a serious charge that carries penalties that include fines and jail time. However, if authorities ever find evidence that you had…