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Tag Archives: Constitutional Rights

The Independent Act: Co-Defendants Can Be Arrested, Charged and Convicted

In the State of Florida, co-defendants can be arrested, charged and convicted for the actions of their cohorts; even if one co-defendant knew of the elements of the criminal enterprise, but did not actually commit the crime itself. But isn’t it a defense in Florida to argue that the co-defendant who did not “know” of the plan to further the criminal episode is in fact protected by Florida’s “independent act doctrine.” The answer is yes, and more importantly was just written about extensively in an opinion from the 4th District Courts of Appeals that overturned Palm Beach Circuit Judge Stephen A. Rapp’s decision that condemn a woman for life. At the onset, there is nothing nice or good to say about Judge Rapp and in fact he has caused the… […]

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Florida Law Enforcement, Drones, And The Fourth Amendment

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… […]

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Drunk Driving Charges and DUI Defense Lawyers

Drunk Driving Charges and DUI Defense Lawyers

DUI is an acronym that stands for driving under the influence. A felony is a serious crime that generally involves harsher consequences than lesser crimes known as misdemeanors. In most places, DUI is a crime that can be charged as a felony or as a misdemeanor. A felony DUI generally results when there are circumstances that aggravate a person’s decision to drive under the influence. Driving while under the influence of alcohol is extremely dangerous because alcohol impairs the person’s motor skills and decreases his or her ability to act quickly when driving a vehicle. The different drunk driving charges are: misdemeanor driving under the influence (DUI) felony DUI juvenile DUI commercial driver DUI Drunk driving charges can also be combined with prescription drug use, illegal substance use, and manslaughter… […]

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