Category Archives: Legal
Search Incident to Arrest? Not for Cell Phones.
You may have heard yesterday that the Florida Supreme Court ruled a police search of a cell phone incident to arrest violates a person’s right to privacy and is therefore illegal. In Smallwood vs. State (No. SC-11-1130), justices decided 5-2 … Continue reading
Gov. Rick Scott Literally Shoots Down Police Drones
Okay, not literally, but I get a kick out of when people misuse the word. Anyway, Gov. Rick Scott signed into law this week legislation which will, in essence, keep law enforcement drones grounded by way of severe restrictions. Effective 6/1/2013, … Continue reading
Poor Judgment Leads to Police Sergeant’s Firing
This is a sample of the target that Sgt. Ron King of the Port Canaveral, FL Police Department wanted to use as a “training aid” during an April 2nd department firearms training. He was fired on Friday. The text of … Continue reading
SCOTUS Rules K9 Sniff of Home is an Illegal Search
In a move I think we all saw coming, the Supreme Court of the United States held that a K9 sniff to the exterior of a house constitutes a warrantless search and as such is a violation of the Fourth … Continue reading
1st District Court of Appeals Rules on Facebook Threats
This week, the 1st District Court of Appeal, State of Florida, upheld a trial court ruling that a defendant who posted, on his own personal Facebook page, a tirade of profanity and promises to hurt a relative violated Florida Statute … Continue reading
U.S. Supreme Court Overturns Florida in K9 Records Case
Yesterday, the U.S. Supreme Court overturned the Florida Supreme Court in the 2006 K9 narcotics detector case of Florida vs. Harris. Siding with the trial court, the Supreme Court ruled that K9 training and testing documentation are sufficient trial evidence … Continue reading
Florida International Drivers Permit Law Causes Stir
Our Dispatch Center was recently besieged with calls from upset Canadian citizens seeking information on how to obtain an “International Drivers License.” This rush was apparently was spurred by letters sent to the Canadians by their government urging them to … Continue reading
U. S. Supreme Court Hears Arguments in Missouri Implied Consent Case
The United States Supreme Court is hearing arguments today in a forcible blood draw case from DUI case Missouri vs. McNeely. At issue, from the Supreme Court’s website: “Whether a law enforcement officer may obtain a nonconsensual and warrantless blood … Continue reading
Florida Leads Nation in Death Sentences
The non-profit group Death Penalty Information Center published their 2012 report on December 18. Florida had the most death sentences in the country for 2012 with 21 total. California (14), Texas (9), and Pennsylvania (7), and Florida combined to serve … Continue reading
Emergency Medical Conditions and the Law Enforcement Response
We had two officers injured in a fight this week with a person refusing medical treatment at a local hospital. The situation highlighted what can be a gray area for the police officer, which is the question of when to … Continue reading
FHP Trooper Jailed for Contempt of Court
Florida Highway Patrol Trooper John Costa was sentenced to five days in jail and a $500.00 fine for contempt of court for failing to appear for a DUI trial in Volusia County on October 30. Friday, Judge Belle Schumann made … Continue reading
FDLE and AG Announce Decline in Prescription Drug Deaths
The Florida Department of Law Enforcement and the Florida Attorney General’s Office have announced the first prescription drug death decline in ten years. I reported in March 2012 about AG Pam Bondi’s efforts to curb prescription drug deaths through the … Continue reading