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Tag Archives: search

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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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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