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Tag Archives: warrants

Failure To Appear Warrants and Capiases in Palm Beach, Florida

Failure To Appear In Court Warrants Have a warrant for failure to appear? When a failure to appear has been issued by a Florida court, the person who failed to appear should contact a criminal defense lawyer immediately so a motion to recall the warrant/capias can be filed. Failure to appear warrants or capiases are issued by Florida judges when a person does not appear in court for a hearing. In order for the warrant to properly issue, the person named in the court event must have ‘notice’ of the hearing. Notice To Appear Notices to appear at court are usually provided by an arresting officer or an officer issuing a notice due to a traffic crime or misdemeanor. The citation or notice to appear will have a date and… […]

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Cellphone Site Location Details as Evidence in Florida Criminal Cases

Recently, a Federal Appellate Court for the 11th Circuit, the same Circuit which presides over the Districts of Florida, made a very important ruling as to the issue of whether “cell site location information” is protected by the Fourth Amendment of the United States Constitution that guarantees against warrant-less searches. The story of this criminal case is played out every day throughout Florida courtrooms. The Prosecutor, through the use of a detective from the Sheriff’s Office, Florida Department of Law Enforcement or local police agency obtains the cellphone number of a criminal defendant. The detective then requests, without a warrant, the tracking locations of the cellphone tower records. The cellphone provider, usually Metro PCS or another throw away cellphone company with no contract and pay per minute plans, gladly hands… […]

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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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