Sheppard, White, Kachergus, & DeMaggio, P.A. Attorneys & Counselors At Law
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Regular office hours are 7:30 a.m. to 6:30 p.m.

November 2015 Archives

Community Caretaker or Criminal Investigator? When Can Police Officers Search A Vehicle without Suspicion of Criminal Activity?

Ordinarily, when a police officer seeks to enter a person's vehicle without their permission, they need to have some reasonable suspicion that its occupants have engaged in criminal activity. One exception to this rule is the "community care-taker" exception. This doctrine dates back to a 1973 Supreme Court Case called Cady v. Dombrowski. In that case, a police officer took custody of the defendant's vehicle following a traffic accident so that he could move the vehicle out of oncoming traffic. Upon learning that there was a revolver in the trunk of the vehicle, the officer opened the trunk and removed the gun. 

Florida Appellate Court Upholds 45 Year Sentence for Juvenile Offender

Earlier this week, the First District Court of Appeal denied a juvenile offender's request for the court to remand his 45 year term for a non-homicide crime for resentencing, which he contended violated the Eighth Amendment's ban on cruel and unusual punishment. The case, Kelsey v. State, involved a defendant whose sentence had already been lowered once as a result of conflicts with the Eighth Amendment. Kelsey initially received two life sentences after he was convicted for Aggravated Robbery, Aggravated Burglary, and two counts of Sexual Battery. However, while his case was on appeal, the United States Supreme Court decided Graham v. Florida, which held that a life sentence for a non-homicide juvenile offender, without possibility of parole, violated the Eighth Amendment. 

Not Quite Home: Florida Court Upholds Ban on Guns in College Dorms

In the latest battle over gun control in Florida, the Florida First District Court of Appeal recently rejected a challenge against the University of Florida's regulations on firearms. The case, Florida Carry, Inc. v. University of Florida, held that the University of Florida could enforce its campus-wide ban on firearms in college housing. While the plaintiff alleged both Second Amendment and state law claims, the case as a whole turned on whether on-campus housing should be considered a home or part of the school under state and federal law. 

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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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