Third Party Consent to Search

 

Co-Occupant Consent to Search
Co-Occupant Consent to Search

Third Party Consent to Search

Jurisdiction: Broward County, Florida Problems: 1) Is the consent of a joint occupant valid subsequent to a refusal to consent by the individual at whom the search is directed? two) Does a joint occupant’s consent to search an area extend to the private home of one more occupant? Major Instances: State: 1) Silva v. State, 344 […]
Published at Wed, 26 Jul 2017 22:27:38 +0000

Incompetent to Stand Trial

Incompetent to Stand Trial

Definition of    Incompetent to Stand Trial Florida Statute 916.12(1) states that “a defendant is incompetent to proceed within the which means of this chapter if the defendant does not have sufficient present ability to seek the advice of with her or his lawyer with a reasonable degree of rational understanding or if the defendant has no rational, as nicely as […]
Published at Mon, 12 Jun 2017 20:46:57 +0000

Motion to Release Uncharged Defendant

Motion to Release Uncharged Defendant

Filing Formal Charges An specific person is not charged with a criminal offense when he or she is arrested.  The state attorney critiques all of the proof submitted following the arrest and tends to make a charging choice.  The state lawyer can “ file” the charges.  This implies to charge an person with a significantly a lot a lot more substantial criminal offense […]
Published at Mon, 13 Mar 2017 20:28:14 +0000

Do the Police Need an Arrest Warrant?

Do the Police Require an Arrest Warrant?

When do the Police Need an Arrest Warrant? The Fourth Amendment of the United States Constitution regulates seizures of men and women and house.  An arrest is a seizure which triggers Fourth Amendment protections.  However, if you exclude bench warrants for failure

The post Do the Police Require an Arrest Warrant? appeared very first on The Fourth Amendment.

Published at Sat, 10 Dec 2016 08:04:11 +0000

Waiver of Right to Speedy Trial

Florida Right to Speedy Trial
Proper to a Speedy Trial

Waiver of Correct to Speedy Trial

Florida’ Speedy Trial Rule Florida has a state distinct speedy trial rule which provides defendant’ further protections not covered by the Sixth Amendment of the United States Constitution.  Case law with regards to the Sixth Amendment correct to a speedy trial does not contain any particular time frame.  Constitutional speedy trial concerns involve a complicated balancing test.  […]
Published at Fri, 11 Nov 2016 00:53:12 +0000

Motion for Downward Departure | Florida Statute 921.0026

Motion for Downward Departure | Florida Statute 921.0026

Florida Statute 921.0026(1) authorizes the court to take into account mitigating elements in order to establish whether or not a downward departure from the advised sentence on the sentencing score sheet is justified. Florida Statute 921.0026(two) sets forth the statutory mitigating aspects and subsection 3 states that substance abuse and addiction are in no way to be utilised as […]
Published at Mon, 30 Might 2016 20:26:37 +0000

Probation Violation | Technical Violation

Probation Violation | Technical Violation

In Mobley v. State, The 4th District Court of Appeal held that a warrant alleging a technical violation of probation is not a warrant issued pursuant to Florida Statute 901.02.  Accordingly, with no a notice to seem or an arrest on the probation violation, a warrant alleging a technical violation is insufficient to toll the probationary [&#8230]
Published at Wed, 04 May 2016 03:42:17 +0000

Motion for a Continuance

Motion for a Continuance

Motion for a Continuance
Motion for a Continuance

Motion for Continuance Why to Request a Continuance The vast majority of continuances are due to time constraints. You can only be at 1 place at 1 time and there are only 24 hours in a day. At times you just cannot get it all done. There are a lot of very good causes to file […]

The post Motion for a Continuance appeared first on DUI MOTIONS.

Published at Fri, 01 Apr 2016 04:33:48 +0000

Justice Scalia – Racism – The 4th Amendment

Justice Scalia
Justice Scalia

Justice Scalia – Racism – The 4th Amendment

Tragically, Justice Scalia passed away on February 12 or 13, 2016.  I have sat back and watched Facebook and other social media pages get filled with tasteless memes and specious accusations of racism.  Sadly, a lot of of these comments have been

The post Justice Scalia – Racism – The 4th Amendment appeared very first on The Fourth Amendment.

Published at Mon, 22 Feb 2016 06:04:56 +0000

Implied Consent Refusal| Drug and Alcohol Test

Implied Consent Refusal| Drug and Alcohol Test

What are Implied Consent Laws? All 50 states have an implied consent statute.  Implied consent laws that need a driver to submit to a chemical test when there is probable cause to think the driver of a motor vehicle was impaired

The post Implied Consent Refusal| Drug and Alcohol Test appeared first on The Fourth Amendment.

Published at Tue, 05 Jan 2016 19:05:02 +0000