4th Amendment

Florida Police Can (1) Search Your Car After Smelling Marijuana and (2) Cut a Hole in Your Underwear to Find Drugs (Jevin Hilliard v. Florida)

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 …

4th Amendment

When Can You Withdraw Consent for a DUI Blood Draw in Florida? (Florida v. Jennifer Ivie)

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 …

4th Amendment

Can A State Search Cellphone of Person on Probation Without Warrant or Probable Cause? (Florida v. Mark Leroy Phillips, Sr.)

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 …

4th Amendment

US Supreme Court Touches on Social Media (Facebook) Discovery in Collins v. Virginia (2018)

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 …

4th Amendment

Yes, Florida Police Check UPS Packages for Drug Shipments

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: …

4th Amendment

Can You Record Someone in Florida?

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 …

4th Amendment

What Does Texas Shooting Case Tell Us About Subpoenas / Warrants for iPhone & iCloud Information?

  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 …

4th Amendment

Your House is Burning — Can the Fire Department Turn You In for Drugs and Guns in the House?

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 …

4th Amendment

Police Cannot Perform a “Terry stop” just because someone is wearing a “funny hat”

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 …

4th Amendment

No Daubert Expert Witness Needed to Identify Marijuana, Rules Florida Court

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 …

4th Amendment

Find My iPhone Signal = Reasonable Suspicion for Police Investigatory Stop

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 …

4th Amendment

Christopher Hopkins Speaks on Data Breach Law at Florida Atlantic University

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 …

1st Amendment

Understanding Recent Case re First Amendment & Recording of Police

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 …

4th Amendment

One Year After Snowden: How Safe Are Your Calls and Emails?

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 …

4th Amendment

NSA Mass Surveillance – How Secure Are Your Calls and Emails?

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).