In an opinion rendered this week-Pena-Rodriguez v. Colorado-the Supreme Court carved out an important exception to a longstanding rule prohibiting jurors from being questioned about conduct during deliberations after a verdict has been rendered. The case involved a...
Firm News
Supreme Court Could Strike Major Blow to Internet Restrictions for Sex-Offenders
A recent case argued before the United States Supreme Court, Packingham v. North Carolina, may shake up how the government can regulate the internet activity. The petition involves a First Amendment challenge to a North Carolina law that imposes criminal penalties to...
Florida Supreme Court Upholds Open Carry Law
In a decision rendered last week, Norman v. State, the Florida Supreme Court rejected a Second Amendment challenge to Florida's "Open-Carry" law. The statute in question, section 790.053, prohibits individuals from visibly carrying firearms in public. Under the...
Markus v. State
"HOT PURSUIT" DOES NOT PERMIT THE WARRANTLESS ENTRY INTO A HOME TO ARREST FOR NON-VIOLENT MISDEMEANOR One of the bedrocks of our democracy is the right to be free from unlawful searches and seizures by the State. Without the protections of the Fourth Amendment, police...
Eleventh Circuit Shortens Timeframe to File Driver’s Privacy Protection Act Suit
The Florida Department of Highway Safety and Motor Vehicles maintains a database containing personal information and photographs of all Florida driver's license-holders, called D.A.V.I.D. Police officers throughout the state have access to this database to assist them...
Eleventh Circuit OKs Gay-Straight Alliance’s Equal Access Act Challenge
The Equal Access Act is a federal law passed in 1984 to ensure that federally funded schools give extra-curricular clubs equal access. The law was originally lobbied for by Christian groups who wanted to ensure that Christian students could conduct Bible study...
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...
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...
Attorney Bill Sheppard Filed Lawsuit to Open Primary for State Attorney
Bill Sheppard and Sam Jacobson have filed a lawsuit in Circuit Court on behalf of registered voters within the Fourth Judicial Circuit. The lawsuit alleges that the written-in candidacy of Kenny Leigh is a sham designed to close the election primary for the Office of...
System Failure: Breathalyzer, Fingerprint Analysis and Other Scientific Evidence
The most recent case showing the magnitude of this problem can be found in the Florida Department of Law Enforcement's use of the Automatic Fingerprint Identification System (AFIS). Technical problems with this system have cost the State of Florida over $11 million...