Florida drivers (and those in the car) should be aware that it is fairly well-settled that police have probable cause to search a car and occupants during a traffic stop based on “the faint odor of cannabis.” But how far can the search go? We find out in Jevin Hilliard …
A Florida driver was involved in an accident, taken to the hospital, and interviewed by police who were conducting a DUI investigation. The officer spoke with the driver, advised her of her Miranda rights, conducted at least one visual test, and otherwise detected signs of intoxication. The officer asked the …
Florida’s Fifth District Court of Appeal considered the question whether, under the Fourth Amendment, the State of Florida could search the cellphone of a man on probation for child abuse convictions (and who was a registered sex offender) when there was no warrant or reasonable suspicion. The court, in Florida …
On May 29, 2018 the U.S. Supreme Court issued a case involving a Fourth Amendment search of a motorcycle parked on the curtilage of a home. In Collins v. Virginia (8-1), SCOTUS held that a motorcycle parked in an enclosed area of a driveway was within the curtilage of the …
In the recent case of James Johns, III v. State of Florida, the Second District explains the basics of 4th Amendment “Terry stops” while also illuminating the techniques that Florida police use to catch drug shipments sent via UPS (and presumably other carriers). The court sets the scene this way: …
The question of whether you can record someone’s conversation in Florida arises frequently. The answer lies first in a statute and second on the individual circumstances. As a general rule, secretly recording someone in Florida is not going to lead to admissible evidence and could get the person who did …
On November 5, 2017, 26-year old Devin Patrick Kelley allegedly shot and killed 26 people at the First Baptist Church in Sutherland Springs, Texas. Mr. Kelley’s body was reportedly recovered from a Ford Expedition; he was found deceased from a single bullet wound (entering above right ear and exiting …
You may have constitutional protections in your house but the exigency of the circumstance gives constitutional permission to the first responders to enter your home. Once the fire is extinguished, fire fighters are required to conduct an “administrative sweep” to confirm there is no other fire or danger. During fire fighting or during …
A first degree murder conviction was overturned by the Fourth District Court of Appeal on August 31, 2016 due to the Court’s Fourth Amendment analysis of a bizarre description of the events. In Lorenzo Sanchez v. State of Florida, the defendant/appellant was convicted of murder of a Pompano Beach convenience store …
The Third District Court of Appeal ruled in L.L., a Juvenile v. The State of Florida that a police officer who possessed sufficient personal experience with marijuana could offer a lay opinion — not an expert opinion — identifying the substance as marijuana. The court held that meeting the five elements …
The Florida Fourth District Court of Appeal ruled on April 6, 2016 that a location signal from a robbery victim’s stolen iPhone provided the requisite “reasonable suspicion” to permit the police to make an investigatory stop of the suspects. The court ruled that the evidence was properly admitted and the …
Thanks to professor and attorney Larry Buck for inviting me to speak today about Data Breach & Cyber Security Law at Florida Atlantic University. We discussed: Standing: how the Clapper case was filed too soon, they lost in the Supreme Court, and then three months later it was revealed, beyond their …
A recent trial court order from a federal judge in Philadelphia regarding whether a person has a First Amendment right to record or photograph police activity has gotten a fair amount of media attention and has even been labeled, “a bizarre ruling.” Agree with it or not, the analysis is …
Back in April 2014, I spoke to the Palm Beach Chamber of Commerce about the security of emails and phone communications in the business world (materials are here). This article, “One Year After Snowden: How Safe Are Your Calls and Emails?,” summarizes the key Snowden disclosures over the last year …
Special thanks to the Palm Beach Chamber of Commerce for hosting “NSA Mass Surveillance – How Secure Are Your Calls and Emails?“ If you would like to download a PDF of the presentation, it is here (also under “Materials, along the right column of this page).
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