Recent Blog Posts
Can the Police Arrest You Based on an Inaccurate Witness Description?
Police officers often rely on citizen reports of criminal or “suspicious” activity. In many cases, the police use the reports to issue a BOLO, or a “be on the lookout” bulletin. A BOLO need not identify a specific individual or suspect. Instead, a BOLO may simply offer a description of a suspicious person based… Read More »
Does “Stand Your Ground” Apply to Killing a Dog in Self-Defense?
Florida’s Stand Your Ground (SYG) law allows a criminal defendant to file a motion to dismiss the charges against them if they can show they acted in self-defense. More precisely, the SYG law provides that a person is immune from criminal prosecution if they used non-deadly force to defend himself or another “against the… Read More »
Can You Legally Keep an Unsecured Firearm in Your Car?
Some people assume that just because Florida law allows most individuals to own and carry a handgun without a permit, there are no restrictions on how you can transport such weapons. In fact, there are a number of regulations and restrictions that lawful gun owners must still follow. For example, if you transport your… Read More »
What Is the Armed Career Criminal Act?
Federal law has long barred convicted felons from owning or possessing firearms. Indeed, a person with a prior felony conviction can be charged with a new-and-separate felony if they are found possessing a handgun or other firearm. And in some cases, such possession may trigger the Armed Career Criminal Act (ACCA). What Are “Violent… Read More »
Does the State Need a Gun to Prove You Committed a Gun-Related Crime?
While the state must prove a defendant’s guilt “beyond a reasonable doubt” in a criminal trial, that does not necessarily mean the prosecution’s case must be airtight. For example, if the state charges a defendant with committing a crime involving the use of a firearm, you might think that means the prosecution must actually… Read More »
How Far Can Police Go in Asking “Public Safety” Exceptions During a Traffic Stop?
A police officer is supposed to give a Miranda warning to a suspect before initiating a custodial interrogation of a criminal suspect. The courts have long recognized an exception to this rule, however, for matters involving “public safety.” For example, if during a traffic stop, an officer sees something they think might be an… Read More »
What Constitutes a “Voluntary” Consent to a Police Search of Your Home?
The Fourth Amendment to the United States Constitution protects you–and your home–from “unreasonable” searches by the police. In most cases, this means the police need either a warrant or your consent to search your property. Any consent must be “knowing and voluntary” and not the product of police coercion. Federal Court Upholds Mother’s Consent… Read More »
Can Florida Prosecutors Use Your Past Crimes to Convict You of Felony Battery?
Florida law defines “felony battery” as intentionally touching or striking another person against their will to the point where it causes great bodily harm, permanent disability, or permanent disfigurement. In other words, if you beat someone else up on the street unprovoked and they sustain any serious injury, you can be charged with felony… Read More »
Can a Miami Police Officer Seize a Gun in “Plain View” During a Traffic Stop?
The right to own a firearm in Florida is not without limits. Convicted felons generally cannot legally possess any firearms unless their civil rights have been restored. And of course, you are not allowed to take someone else’s firearm without their permission. Florida Appeals Court Reverses Trial Judge’s Motion to Suppress Ruling Many firearm… Read More »
How Do You Prove “Possession” of a Firearm in Florida?
Under Florida law, a defendant faces a mandatory minimum prison sentence of 3 years if they “possessed” a firearm during the commission of another felony. It does not matter if the firearm was used to commit the underlying felony. For example, say a person commits robbery. Police found the suspect was carrying a gun… Read More »
