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A "Knock and Talk" or a "Tap and Rap" consent search is a tactic used by law enforcement officers when they do not have the necessary probable cause to obtain a search warrant but nonetheless want to search a residence or business. A "Knock and Talk" scenario commonly occurs when usually two police officers or narcotic detectives unexpectedly knock on a citizen's door.
Our clients routinely tell our criminal defense attorneys that their "rights" were not read to them after being arrested and many are surprised when they are told that the warnings were not required because the officer did not ask them any questions. This article should help clarify the confusion. There are two basic requirements when Miranda Warnings are required before an int ...
Should it be illegal when citizens audio and/or video law enforcement officers while they are in the public and performing their duties? Many officers believe that it is illegal to record an officer while performing his or her duties if the officer does not consent to being recorded. These officers are the same ones that threaten to arrest or actually do arrest citizens for r ...
In the last week, potential jurors have been dismissed in murder trials in Pasco and Hillsborough counties for disobeying orders from the court to refrain from talking with others about the case. Pasco County Circuit Court Judge Susan Gardner dismissed a panel of potential jurors because one or more of the potential jurors talked about the defendant's prior murder conviction.
Pinellas Prosecutor Dismisses Marijuana Cultivation Case—More Dismissals Eminent The Pinellas-Pasco State Attorney’s Office announced that charges of Marijuana Cultivation against David Cole were dismissed due to allegations that narcotics detectives trespassed and lied when gathering evidence. The dismissal in Cole’s case was announced the same day that his attorney had a d ...
Judge dismisses ticket for running red light caught on video-statute deemed unconstitutional Pasco County Judge Ann Wansboro dismissed a citation and ruled last month that the use of red light cameras places the burden of proof on the driver and therefore does not afford the driver his/her due process a ...
Until recently, a person convicted of four or more DUI’s in the State of Florida could not obtain a driver’s license ever again. Effective October 1, 2011, a revision to Florida Statute 322.271 took effect Now, a person who had previously received a permanent revocation of their driving privileges can petition the DHSMV to reinstate his or her privilege to drive.
The purpose of our blog is to share legal information with other legal professionals and the general public. Topics of discussion in our practice areas will vary and may include discussion on newly enacted laws, press releases, high-profile cases, news and current events. The blog also gives us a chance to expose injustices ignored or misunderstood by the media.