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Tag Archives: Due Process

Video Tapes as Evidence in Florida Criminal Cases

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… […]

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Constitutional Battle Between the First and Fourteenth Amendments

Constitutional Battle Between the First and Fourteenth Amendments

What Constitutional Right prevails, when the First Amendment of the United States Constitution and the Fourteenth Amendment of the United States Constitution collide? This question was recently answered by the Florida Appellate courts in Long v. State, -So.3d- , 2014 WL 5462459 Fla. App. 1st DCA 2014. Long was convicted of two counts of lewd and lascivious molestation and one count of sexual battery, by a person in familial or custodial authority. Long argued on appeal that because the trial judge allowed, over Long’s objection, burly men wearing jackets embroidered with “Bikers Against Child Abuse;” a freedom of expression guaranteed under the First Amendment, to be present near the courtroom and therefore in the presence of jurors, prior to the commencement of his trial, violated his Fourteenth Amendment Right to… […]

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