Sheppard, White, Kachergus, & DeMaggio, P.A. Attorneys & Counselors At Law
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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:

"Under the facts of this case, the motion to suppress the firearm should have been granted because the hot pursuit to effect an arrest for possession of marijuana and resisting arrest without violence did not constitute an exigent circumstance sufficient to overcome the warrant requirement to cross the threshold of Appellant's home. The denial of the motion to suppress, and the subsequent conviction and sentence for possession of a firearm by a convicted felon, are reversed."

As stated in Welsh V. Wisconsin, before agents of the government may invade the sanctity of the home, the burden is on the government to demonstrate exigent circumstances that overcome the presumption of unreasonableness that attaches to all warrantless home entries.

If you have been wrongly accused of a crime, it may feel as though you have been chained to a tarnished reputation that you do not deserve. Free yourself of those chains with the help of our expert legal team.

To read the full opinion click the link below:

Opinion Issued by the First District Court of Appeal

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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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