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Category Archives: Constitutional Rights

What is Florida’s Stop and Frisk Law?

In Florida, many drivers, pedestrians, and other occupants of Florida’s roadways and common areas are stopped by Law Enforcement Officers. What Florida laws prevail, when a police officer or law enforcement official stop a citizen of Florida whether driving an automobile, whether walking, or on any other common area of the State of Florida? The law that prevails is the Stop and Frisk law. The Stop and Frisk law of Florida has its history from the strict meaning of the 4th Amendment of the US Constitution, which Florida’s Constitutional principles laminate. The strict meaning of the 4th Amendment only allows Law Enforcement Officials to seize a person if there is probable cause to arrest the individual for a criminal act. This principle of law, that a citizen could only be… […]

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The Right to Obtain Blood Samples for DUI Charges

The Right to Obtain Blood Samples for DUI Charges

The driver of a vehicle is involved in an automobile crash in Palm Beach County, FL. The driver is injured, but no one else was involved in the accident. An alert motorist calls 911 to report the accident and requests medical care to the location. Police and fire rescue show up at the scene of the accident. While the fire rescue personal are removing the driver, they notice the smell of alcohol coming from the immobilized driver. Fire rescue provides this information to the investigation police officer, who notes the information and begins the DUI investigation. The driver is transported to Wellington Hospital, where she is examined in the emergency room for head injuries and as “standard” protocol her blood is taken. The driver is released that evening, because her… […]

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Are the Rights of the Accused Being Diminished by a Weak Judiciary Through the Mob Mentality of Protesting and Petition Signing on the Likes of Facebook and other Social Media Sites?

Are the Rights of the Accused Being Diminished by a Weak Judiciary Through the Mob Mentality of Protesting and Petition Signing on the Likes of Facebook and other Social Media Sites?

There are very few judicial actions, other than criminal trials, that stir the social media crowds. Social media like Facebook, Twitter, and local newspaper blogs are froth with petitions to “bring” justice to the accused, when certain special interest groups get involved in the criminal process. Over the past eight to ten years, the courts have seen an increase in petitions signed by online “registrants or guests” to bring swift and exact justice, against citizens charged with committing certain criminal acts that their group believes is so repulsive that Due Process of Law should take a side step to the protestors demands. But what does the U.S. and Florida Constitutions have to say about these issues? The issues of protesting and petitions in the criminal justice arenas are not new,… […]

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Is Big Business Buying Florida’s Courtrooms and, In Doing So, are Floridian’s 4th Amendment Rights Disappearing?

The normal matriculation from Assistant State Attorney to Judge has always been an alarming fact in Florida. The oppressor’s heart as a prosecutor does not change because the former prosecutor now slips on a black robe. Recently though, the 4th Amendment of the US Constitution and Rights of Floridians to be safe and secure in their homes without unreasonable Police searches and seizures has been usurped by Big Business, and possible worse a weak or corrupt Judiciary. The Harris Corporation of Florida has teamed up with all Florida Cellphone Tower providers, in producing technology that can turn on your cellphone and track it without your knowledge. Additionally, law enforcement officers in Florida have signed a “none disclosure agreement” or NDA with Harris Corporation, according to Florida sealed court documents obtained… […]

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Judges Usurping the Providence of the Jury

You or a loved one has been arrested. You pled not guilty. You want to go to trial for the criminal charges you are facing. You have prepared your case for trial. The trial has now begun. The trial goes smoothly and the Judge is charging the Jury. Charging the jury means that the Judge is instructing the jurors on the laws of your case. During jury instructions, the Judge states: “you cannot find for or against; guilty or not guilty; because you like or dislike the Defendant or the Government.” This charging of the jury is inconsistent with Florida Law; and according to West Palm Beach Criminal Defense Attorney Andrew D. Stine this charge by the Judge to the Jury is Unconstitutional. The Florida Constitution and U.S. Constitution allow… […]

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Is the Right to a Jury Trial in Criminal Cases Dead?

The right to a trial by a jury is guaranteed in the United States and the Florida Constitutions. In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense, as stated in the Sixth Amendment of the United States Constitution. The right to a jury trial is what separates the people from the government. The jury trial system provides the… […]

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Criminal Defense Attorney To Defend Your Freedom

Criminal Defense Attorney To Defend Your Freedom

The principle of freedom which Americans highly prize is demonstrated in this nation’s commitment to the presumption of innocence in a criminal trial. In many other nations, the accused is presumed guilty until he proves his innocence or the government inadequately proves its case. Yet in the United States of America, the presumption of innocence requires the prosecution to prove its case against the defendant beyond a reasonable doubt before he would be pronounced guilty. Under the U.S. Constitution, everyone accused of a crime has the right to a lawyer’s defense. It is criminal lawyers who represent defendants in and out of court. They make several attempts to settle the case outside of court but occasionally, they must go to trial. Criminal lawyers, also known as criminal defense lawyers and… […]

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Unreasonable Searches or Seizures

Unreasonable Searches or Seizures

The Fourth Amendment of the U.S. Constitution provides,  “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” Ultimately, these words endeavor to protect two fundamental liberty interests – the right to privacy and freedom from arbitrary invasions (source). A search occurs when an expectation of privacy that society considers reasonable is infringed by a governmental employee or by an agent of the government. Private individuals who are not acting in either capacity are exempt from the Fourth Amendment prohibitions. A seizure refers to the interference… […]

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Your Right to Bear Arms in Florida

Your Right to Bear Arms in Florida

On October 21, 2013 Palm Beach County, FL has recorded its 61st murder of the year. The murder rate in Palm Beach County and throughout Florida remains elevated, due to many reasons. The best protection for you and your family is the Second Amendment under the US Constitution and Section 1 Article 8 of the Florida Constitution which states in pertinent part: Right to bear arms. The right of the people to keep and bear arms in defense of themselves and of the lawful authority of the state shall not be infringed, except that the manner of bearing arms may be regulated by law. The language under the Florida Constitution to bear firearms is very strongly written in favor of the citizen’s right to bear arms; and your right to carry a concealed weapon has been codified in… […]

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Criminal Cases With Overturned Conviction

Criminal Cases With Overturned Conviction

A Texas appellate court has overturned the conviction of former House Majority Leader Tom DeLay (R-Tex.) for allegedly scheming to influence Texas state elections with corporate money. A three-judge panel voted 2-1 to overturn the conviction, calling the evidence “legally insufficient,” according to court papers released Thursday. The decision formally acquits DeLay of all charges, but it could still be appealed by the government. Just hours after the ruling was announced, DeLay visited Capitol Hill for a long-scheduled lunch meeting with members of the Texas Republican congressional delegation. Before the meeting, DeLay told reporters that he was at the “C Street House,” or National Prayer Center, Thursday morning when he heard the news. “We were all basically on our knees praying and my lawyer calls and says, ‘you’re a free man,’”… […]

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