Sheppard, White, Kachergus, & DeMaggio, P.A. Attorneys & Counselors At Law
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March 2015 Archives

Open Carry Ban Upheld Against Second Amendment Challenge

On February 18, 2015, the Fourth District Court of Appeal decided the case of Norman v. State, 2015 WL 669582 (Fla. 4th DCA 2015). The defendant in Norman was arrested and charged with the offense of open carrying of a weapon, in violation of ยง790.053, Fla. Stat. (2012). He filed a motion to dismiss, which was denied by the trial court. However, the court certified three questions to the Fourth District Court of Appeal, all of which related to the constitutionality of Florida's open carry laws. Those questions were: (1) is Florida's statutory scheme related to the open carry of firearms constitutional; (2) do the exceptions to the prohibition against open carry constitute affirmative defenses to a prosecution for a charge of open carry, or does the State need to prove beyond a reasonable doubt that a particular defendant is not conducting himself or herself in the manner allowed; and (3) does the recent "brief and open display" exception unconstitutionally infect the open carry law by its vagueness?

Recent Favorable Case Law on Search and Seizure

On February 13, 2015, the Fifth District Court of Appeal decided the case of Oliver v. State, 2015 WL 585536 (Fla. 5th DCA 2015). In Oliver, the defendant was a passenger in a vehicle that was stopped for an inoperable tag light. The stop itself was not challenged on appeal. After the stop, the officer, in an aggressive manner, ordered the defendant to "keeps his hands on the f***ing dashboard." After a canine sniff alerted the officers to the presence of drugs in the car, the officers searched the defendant and found marijuana and a firearm on his person. 

Medical Marijuana "Certificates" in Florida: A Legal Non-Entity

Our ever vigilant clients recently brought to our attention a website claiming to be able to provide medical marijuana certificates. The website states that medical marijuana is already legal in Florida for those with a medical necessity. The website also claims that if a patient can prove medical necessity to a law enforcement officer, they are not subject to arrest. However, these claims are completely untrue. 

Leaving the Scene of an Accident

There are three types of leaving the scene of an accident charges in Florida:

Racial Progress in the United States

March is the anniversary month for the famous protest along Alabama's Edmund Pettus Bridge led by Martin Luther King Jr. in his mission to achieve fair voting rights. Fifty years later, the fight for equality for African-Americans is not over. 

Opinion Issued by the First District Court of Appeal

The First District Court of Appeal has issued an opinion in a case in which we represent the Appellant. It states:

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Sheppard, White, Kachergus, & DeMaggio, P.A. Attorneys & Counselors at Law.
215 N. Washington Street
Jacksonville, FL 32202

Phone: 904-701-0589
Phone: 904-727-7191
Fax: 904-356-9667
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Regular office hours are 7:30 a.m. to 6:30 p.m.

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