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Right to be Free From Unreasonable Seizures Is Protected by U.S. Supreme Court

The story behind the lawsuit that eventually went before the U.S. Supreme Court began when police pulled a driver over for apparently driving erratically. When asked about his driving, the man said he had hit a pothole, and it jerked the vehicle over, so he had been righting the trajectory of the car. The officer...

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U.S. Supreme Court rules cell phones cannot be searched by police without first obtaining a search warrant.

A major victory for citizens’ privacy interests today as the U.S. Supreme Court unanimously ruled law enforcement cannot search an arrested person’s cell phone without first obtaining a search warrant.  While the court recognized the need to investigate crimes, the Court found that privacy rights are more important.  Besides, the police may still have the...

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Judge Sheehan of Hillsborough County Reprimanded by Florida Supreme Court for DUI arrest.

The Tampa Tribune was reporting today that Judge Sheehan of Hillsborough County will be reprimanded for her DUI arrest last year.  This will probably be in the form of a written public reprimand.  I had blogged about the arrest when it first happened.  The judge did not fight the charge and pled guilty to DUI...

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Proposed medical marijuana amendment approved by Florida Supreme Court. How will it affect criminal cases

The medical marijuana amendment has made it to Florida’s ballot in time for the next governor’s election.  Voter polls currently indicate that the amendment will pass easily and medical marijuana will become legal in the state of Florida.  How will this affect criminal cases?  The potential effect on the police, when law enforcement can search...

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DNA Samples May Be Garnered from Criminal Suspects Without a Warrant

The legal landscape just changed with regard to obtaining a warrant to collect DNA from criminal offenders. The U.S. Supreme Court has delivered a decision that has enormous ramifications for criminal offenders and criminal defense attorneys. The Court handed down a ruling that says law enforcement officers may gather DNA samples without getting a warrant...

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