Most people know that the Sixth Amendment guarantees criminal defendants the right to a trial, "without unnecessary delay". However, in the federal system, defendants also have speedy trial rights under statutory law. Specifically, the Speedy Trial Act of 1974...
Month: November 2016
Strip Searches, Mental Health Seizures, and the Fourth Amendment
People often associate the Fourth Amendment with its prohibition on unreasonable searches and seizures in the criminal context. However, Fourth Amendment protections apply anytime that an officer of the government detains someone. One of the most common applications...
Can Police Detain Innocent Passengers During a Traffic Stop?
The Fourth Amendment restricts when a police officer may stop a person. Generally, an officer must have probable cause to believe that the person has committed a crime in order to stop them. When police officers conduct a traffic stop, there is no question that they...
The Medical Marijuana Amendment: How Does It Change Florida Law?
While the 2016 election is most notable for selecting the nation's next president, Florida voters are also deciding on some important amendments to the state's constitution. Not the least of which is Amendment 2, which is poised to legalize medical marijuana in...
Applying Miranda To Child Sex Crime Investigations
Most people are familiar with the Miranda warnings. But police do not need to use these warnings every time they speak with a suspect. The Miranda decision only applies when a suspect undergoes "custodial interrogation". In other words, when a reasonable person would...