When has a Seizure of a Suspect or Defendant Occurred? A seizure occurs when a reasonable person in the defendant’s position would not feel free to terminate the encounter. Recently I reviewed a case where the cop told a suspect that if he moved, he would be shot. He was not handcuffed or arrested at…
Continue reading ›Cell Phone Search Warrant Up until quite recently, there were exceptions to the general requirement that police get a Search Warrant for a cell phone. Cell phones have been a window into suspects’ activities, as police used these exceptions to get their hands on information found inside mobile devices. Obtaining a Search Warrant for a cell…
Continue reading ›Cell Phone Searches Tampa Criminal Defense Attorney / Lawyer continues to follow recent developments in the search of cellular telephones / cell phones. One Florida court has just ruled in a 33 page opinion that pictures in a cell phone obtained from a suspect who had been arrested were inadmissible at trial since they had been seized…
Continue reading ›Cell Phone Search | Evidence Suppressed Criminal Defense Attorney / Lawyer notes a recent Cell Phone Search ruling on a Motion to Suppress Evidence, filed pursuant to Rule 3.190(h), Florida Rules of Criminal Procedure. Search and seizure law can apply to cell phones. Lately cops have been searching the phones and calling them a Search incident to arrest. Sometimes cops claim they…
Continue reading ›Gun and Drugs Were Thrown out After an Illegal Pat Down / Search Tampa Defense Attorney recently studied a court ruling where a gun and drugs were thrown out after an illegal pat down was ruled a warrantless search. In this Tampa court, the trial judge ruled a Pat down search of a defendant was lawful. The Appeals…
Continue reading ›Weapons Found in Car Suppressed “movements towards the glove box did not justify a search based on officer safety” Florida Defense Attorney just received news of a Automobile Search and Seizure case where the defendant fled from police. The vehicle came to rest. The cop watched the defendant reaching towards the dashboard on the passenger side. Police ordered the…
Continue reading ›Court Tossed the Evidence Seized in the Car “The cop said he saw “furtive movements” near the glove box.” For this Tampa Criminal Defense Attorney, Search and seizure of a vehicle glove box has been the subject of a recent research project. Vehicles are frequently searched Incident to arrest. One court ruled that Police could not reasonably believe there would be evidence…
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