First, what is a controlled call? A controlled call is a phone call or text message that law enforcement uses to get incriminating evidence to use against you. In the age of social media, and with the endless laundry list of social media apps, the mediums police can...
Advice
Dog Searches: Can Two Police Officers Do What One Cannot?
The use of dogs to sniff out contraband remains one of the most frequent methods by which police discover contraband in vehicles traveling on the highway. The Supreme Court has allowed such searches in limited circumstances, but only in those instances where there is...
Is It a Crime for a Sex Offender to Use the Internet?
Thousands of sex offenders have been prosecuted for engaging in activity which most of us take for granted. In many jurisdictions, it is a felony for a registered sex offender to access the internet for any reason. Some statutes also prohibit offenders from creating...
Pierce v. State: Can Police Lie to Obtain a Confession?
It has been conventional wisdom for many years that police are allowed to lie to obtain incriminating statements against a defendant. For instance, during interrogation, police can tell the accused that an eyewitness has identified him as the person who committed the...
Can a Refusal to Admit Sexual Misconduct Be Grounds to Violate Sex Offender Probation?
Navigating the Speedy Trial Act
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...
Courts Can Revoke Sex Offender Probation for Refusing to Admit Guilt
When judges sentence sex offenders to probation, they often require the defendants to "actively participate" and "successfully complete" a sex offender treatment program. The law does not specify what "successful completion" requires. It is generally understood that a...
Involuntary Consent: When Permission Is Not Enough to Justify a Search
One of the first things we tell clients in our criminal defense practice is never give a law enforcement officer permission to search anything. The Constitution places strict limits on when law enforcement can perform a search, and oftentimes officers won't have a...
The Plain Feel Exception to the Warrant Requirement
Most people are familiar with the "plain view" doctrine, which permits police officers to seize items without a warrant, if those items are clearly visible while the officer is performing his or her official duties. For instance, if an officer observes contraband...
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 §790.053, Fla. Stat....