Gibson Guitars and The Lacey Act, 16 U.S.C. § 3372(a)(2)(B)(iii) Gibson Search Warrant? Feds with nothing better to do spent a lot of time and money drafting this Affidavit for Search Warrant. Somehow, I don’t feel any safer. UPDATE: “Gibson, fearing a bankrupting legal battle, settled and agreed to pay a $300,000 penalty to the U.S. Government.…
Continue reading ›Federal Criminal Defense Source has supplied us with an Affidavit from Federal Law Enforcement that outlines how drug smugglers would obtain electronic key codes using the Vehicle Identification Numbers. They would then use the keys to open the trunk to stuff drugs in the trunk outside of the United States, and retrieve them from the…
Continue reading ›Federal Defense Attorney just sent us news of a rare acquittal in a federal Pornography (18 U.S.C. § 2252) case involving a high profile and very experienced federal agent, Special Agent John Kuchta. We have removed the defendant’s name and publish almost the entire ruling below. UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDAFT. MYERS…
Continue reading ›Defense Attorney / Lawyer in Tampa, Florida has completed a review of the recent declaration by a Florida Appeals Court that Florida Statute 316.3045(1)(a) was unconstitutional. The Traffic law made operation of radios or other mechanical sound making devices or instruments in vehicle plainly audible at a distance of 25 feet or more from the vehicle illegal. The Feds have written a 50 page…
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 ›Florida Computer Crime Defense Attorney / Lawyer notes a Florida guy got a visit from the Feds, after a long distance wireless antenna was used to access his network on the 12th Floor of a Tampa Bay area condominium. The guy the Feds eventually busted was on a boat in the bay and was eventually indicted.…
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 ›Questions for Potential Jurors “jury decision should be based upon the evidence in court, trial lawyers want to know if prospective jurors have been following a case in the media” Defense Attorneys who go to trial would like to know more about those who are seated on a jury in their client’s trials. In a…
Continue reading ›Spring Break Update |Criminal Defense Expert, notes that some police agencies are employing mobile 3G and WiFi ID Card Scanners, and a non-discretionary “zero tolerance” policy to encountering and arresting Spring Break visitors. Police are using fairly vague and discretionary charges, such as Disorderly Conduct Florida Statute 877.03. These seemingly minor charges can result in…
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