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Tag Archives: 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 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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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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Lying In Traffic Violations When Stopped By Police

Cop ‘Upset’ By Speeding Woman’s Dying Dad Lie, Arrests Her A New Hampshire cop was so miffed when he discovered an “emotional” woman had lied to him about speeding in her car to get to her dying father that he later went to the woman’s house and arrested her for driving with a suspended registration. “I’m pretty used to people trying to bend the truth to get out of speeding citations, but this woman preyed on my emotions as a human being,” Christopher J. Cummings, the state trooper who made the arrest, told ABC News today. “She told me her father had stage four cancer, that he was breathing only six breaths a minute, and that she was trying to make it to the hospital before he passed,” Cummings said.… […]

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What is Illegal Search and Seizure?

What is Illegal Search and Seizure?

The topic of illegal search and seizure seems to be creating a lot of buzz lately as the exact law and definition of what makes a search and seizure illegal is in flux. The law is changing as recent court decisions are having an impact on police conduct. Law enforcement officers have a new code of conduct when it comes to searching you or your property. The Fourth Amendment usually limits the amount of authority police have over searching you or your property but several precedents have been set by court decisions that have greatly altered the dynamics of the law. Search and Seizure The Fourth Amendment in the U.S. Constitution protects citizens from what is called “unreasonable search and seizure” by government or otherwise authoritative figures. The Amendment does… […]

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Can You Be Forced to Decrypt Your Computer?

Can You Be Forced to Decrypt Your Computer?

According to an article posted on CNet, a federal judge in Colorado ruled in January that American citizens can be ordered to decrypt their hard drives to allow police room for more thorough investigations when acting on search warrants for cases that involves things like wire fraud or child pornography. This ruling could truly set precedents in terms of privacy and is encouraging people to argue the Fifth Amendment. The Fifth Amendment in Question According to the article, Judge Robert Blackburn ordered a Colorado woman accused of being involved in a mortgage scam to decrypt the hard drive of a laptop computer. She was charged with bank fraud, wire fraud, and money laundering in an attempt to falsify court documents to illegally gain titles to homes near Colorado Springs. Blackburn,… […]

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What is the Difference Between a Sting Operation and Entrapment?

What is the Difference Between a Sting Operation and Entrapment?

A sting operation is defined as a deceptive, carefully researched and well-executed operation designed to catch a person committing a crime. Usually a police officer or willing member of the public will play the role of a criminal or victim and give another criminal an opportunity to commit a crime. Many times, the person playing the role is actually a criminal who is participating in a deal in order to have their charges dropped. These sting operations are extremely common in the United States but are actually considered illegal in other countries such as Sweden and the Netherlands. They are effective because they often circumvent the need to obtain the suspect’s confession. It is enough evidence for prosecution. Ethical Concerns Sting operations are a hot topic for debate because they… […]

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