Andrew D. Stine, P.A.

Florida Supreme Court Rejects Car Color Criminal Case: Puts Brakes on Cops!

By Andrew Stine | Published July 10, 2014

The Florida Supreme Court, in a landmark decision put the brakes on over policing Sheriff Deputies, who stop vehicles for “innocent” behavior and then form reasonable suspicion to search the driver, the occupants and their vehicles in Violation of the 4th Amendment of the United States Constitution. In State v. Teamer, the Florida Supreme Court ruled that a Sheriff acts unlawfully and unconstitutionally, when stopping drivers of automobiles, on the basis or suspicion of the vehicles color. Law Enforcement Officials in Florida are scanning every license plate that they drive behind on the Florida roads. The “tag” information is then ran through the Department of Motor Vehicles (DMV) database. The information is stored in a computer data based system, which keeps track of the vehicle. In Teamer, the vehicle was considered a “vehicle of interest” because the two occupants drove the vehicle into and out of a high “drug” area. […]

Posted in Constitutional Rights | Tagged Car Paint Color, drug trafficking, Florida Supreme Court, Probable Cause | Comments Off

Violating Probation in Palm Beach County

By Andrew Stine | Published June 30, 2014

Violating Probation in Palm Beach County, FL can result in the probationer being incarcerated. If a probationer violates Felony Probation, the term of incarceration is determined by the sentencing guideline score sheet. If the probationer violates misdemeanor probation or DUI probation, then the maximum sentence is fixed by one year in jail for1st Degree Misdemeanors and 60 days in jail for 2nd Degree Misdemeanors. While on probation, the probationer must follow the rules of probation which the judge orally places on the record and which the probationer is responsible for knowing either through their probation officer or through self-knowledge of the law. The General conditions of felony probation as enumerated in Florida General Statute 948.03 are as follows: (i) probationer is given a specific length of probation time (ii) probationer is given strict reporting instructions to probation (iii) probationer being visited at home and employment by the probation officer (iv) probationer must […]

Posted in Probation / Parole | Tagged Palm Beach County, Probation Violation | Comments Off

Florida DUI Law: Video, Observations and Driver’s Admissions

By Andrew Stine | Published June 25, 2014

A person is guilty of the offense of driving under the influence or DUI in Florida if the driver is operating an automobile or in physical control of a vehicle, while the driver is under the influence of alcoholic beverages or chemical substances, as set forth within the DUI statute, to the extent that their normal faculties are impaired or the person has a breath, blood or otherwise alcohol level greater than .08. Convictions in Florida for DUI can have adverse consequences as to your liberty, driver’s license, finances and criminal record. Driving under the influence or DUI in Florida has three elements: (i) being in control of a motor vehicle; (ii) being under the influence; and (iii) being impaired. Impairment can come from alcohol, illegal drugs, prescription drugs and over the counter pharmacy drugs. If the driver of the vehicle provides a breath, blood or urine sample and that […]

Posted in DUI / Drunk Driving | Tagged blood sample, Breathalyzer, DUI, evidence, Impairment | Comments Off

Medical Marijuana Law Passes, Rendering Florida’s Criminal Marijuana Laws Unconstitutional

By Andrew Stine | Published June 19, 2014

Florida Drug Laws made be out of touch with “new” science and the new law passed by Governor Scott as it pertains to Schedule I narcotics. Recently, Florida Governor Rick Scott signed Florida’s Medical Marijuana Bill into effect. The new law allows limited use of “charlotte’s web” Marijuana, a strain of Marijuana with low tetrahydrocannidinol or THC, the active ingredient responsible for the high in Marijuana. The purpose of the law is to allow patients who are suffering from diseases like: epilepsy, cancer and amyotrophic lateral sclerosis (ALS), known as Lou Gehrig’s disease to seek relief from pain, to allow for appetite and to provide reduction or elimination of tremors and seizures. So this new Florida Marijuana Law with the updated science shown through its passage arguable renders Florida’s Comprehensive Drug Abuse Prevention and Control Act Unconstitutional. Under current Florida Law, Section 893.13, it is a felony for a person […]

Posted in Constitutional Rights, Florida News | Tagged florida news, marijuana | Comments Off

Cellphone Site Location Details as Evidence in Florida Criminal Cases

By Andrew Stine | Published June 18, 2014

Recently, a Federal Appellate Court for the 11th Circuit, the same Circuit which presides over the Districts of Florida, made a very important ruling as to the issue of whether “cell site location information” is protected by the Fourth Amendment of the United States Constitution that guarantees against warrantless searches. The story of this criminal case is played out every day throughout Florida courtrooms. The Prosecutor, through the use of a detective from the Sheriff’s Office, Florida Department of Law Enforcement or local police agency obtains the cellphone number of a criminal defendant. The detective then requests, without a warrant, the tracking locations of the cellphone tower records. The cellphone provider, usually Metro PCS or another throw away cellphone company with no contract and pay per minute plans, gladly hands over the information to the investigation officer. The investigator is then able to track, through the use of cellphone tower […]

Posted in Constitutional Rights | Tagged 11th Circuit Court, Cell Site Location, Cellphones, evidence, florida, warrants | Comments Off

Blood Draw as Evidence in Florida DUI Cases

By Andrew Stine | Published June 12, 2014

Palm Beach County has witnessed many high profile criminal trials play out in the media. Recently, in Palm Beach County, Florida there has been much buzz in the air about “blood” samples and a DUI crash that took the life of Scott Wilson, a young man from Wellington, whose death was caused by Polo and Air Condition Mogul John Goodman. What about the “blood” draws and Florida DUI Laws? There are many sub-topics contained within this body of law, but it is a safe bet to place “all your money” on the Court finding against the DUI driver of an automobile; whose blood was drawn after he or she caused the death or serious bodily injury to a person. Why do criminal defendants face an uphill battle when trying to get there blood suppressed after a DUI crash that caused serious injury or death to a person? The answer is […]

Posted in DUI / Drunk Driving | Tagged blood sample, DUI, evidence, FDLE, John Goodman | Comments Off

Corruption in the Florida Judiciary

By Andrew Stine | Published June 10, 2014

Corruption that is rampant in the Florida Judiciary is no more apparent than in the case of Judge Ana I. Gardiner of Broward County, Florida. This former Judge, Ana I. Gardiner, has been recently disbarred by the Florida Supreme Court but the questions linger as to how deep her corruption has cut into the Broward County court system. Particularly the questions linger as to the sentences, rulings, determinations of facts, orders signed and all her overall actions while on the bench presiding over men and women who were facing criminal prosecutions in front of this twisted woman. Former Judge, Ana I. Gardiner of Broward County, Florida has illuminated the reasons why the judiciary system is broken-human nature has frailty. But these frailties possessed by this evil Judge are not only her problem, but society’s problem. It is easy to sit in condemnation of a man or woman accused of heinous […]

Posted in Constitutional Rights, Criminal Defense | Tagged Corruption, florida, Florida Judiciary | Comments Off

Boating Under The Influence In Florida

By Andrew Stine | Published June 6, 2014

Florida has hundreds of miles of coastline and hundreds of natural rivers and lakes that lend itself to a boater’s paradise. So what are the consequences for drinking and driving and operating a boat or vessel while impaired on the Florida waterways? This blog will answer some of those concerns. First, it is illegal to operate a boat in Florida, while the operator’s breathe alcohol level is greater than .08 or his or her normal faculties are impaired. Remember a person’s normal faculties are his or her ability to: walk, talk, see, judge distances and act in an emergency. Second, if convicted of Boating under the Influence in Florida or “BUI” the penalties for the first offense range from: a fine of up to $1,000.00; imprisonment of up to 6 months in the county jail; probation for a period not to exceed 1 year; participation in community service hours of […]

Posted in DUI / Drunk Driving, Florida Criminal Statutes | Tagged Boating Under the Influence, BUI | Comments Off

Video Tapes as Evidence in Florida Criminal Cases

By Andrew Stine | Published June 3, 2014

There is a very interesting body of law that is developing in Florida, and it owes itself to the over use of video cameras throughout the State. Video cameras are more and more “allegedly” capturing the acts of individuals, who are alleged to be committing criminal offenses. The cameras catching the acts can be mounted at red lights intersections, street corners, store fronts, governmental buildings and even on private homes. But what happens when the video is destroyed by the Prosecutor, Police Officer, Law Enforcement Officer or agency employed by the prosecuting government and the contents are still introduce by way of oral testimony to a jury? This is what the blog will answer. The facts that give way to these Constitutional problems are easy to imagine. Take for instances Katherine Ashurst, vacationing in Islamorada, Florida with her fiancé, Nigel Jackson. On the evening that the crime occurred, at around […]

Posted in Constitutional Rights | Tagged Due Process, evidence, florida, Video Cameras | Comments Off

Florida Law Enforcement, Drones, And The Fourth Amendment

By Andrew Stine | Published May 28, 2014

What does Florida Law say about Law Enforcement Officers using drones or unmanned aircraft to search property of Florida land owners? Florida legislatures in their wisdom, during the 23rd Legislative session, and through the signature of Governor Rick Scott, provided all Floridians with preservation of freedom from unlawful 4th Amendment spying through unmanned drone use by law enforcement officers. But did they go far enough in protecting Floridians 4th Amendment Rights to unreasonable searches of their real property against drone abuses? Florida Gen Stat. 934.50 prohibits use of drones or unmanned aircraft from gathering evidence or information from Floridians that does not purport with the 4th Amendment of the United States Constitution. This means that drones or unmanned aircraft cannot be lawfully be flown indiscriminately over your “real property” with a mounted camera looking onto your property for criminal wrong doing, without the protections of the 4th Amendment of the […]

Posted in Constitutional Rights | Tagged Constitutional Rights, Drones, Florida Drone Statute, Fourth Amendment, Search and Seizure, Unmanned Aircraft | Comments Off