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April 28, 2010
State Must Prove Defendant's Knowledge of Driver's License Suspension
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Sentencing Commission Votes to Eliminate Recent Criminal History Points
October 15, 2009
Consent to search inside of vehicle does not extend to locked containers
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Making phone calls to get drugs for personal use not a felony
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Officer's belief that "something was not right" not enough to enter an apartment
September 23, 2009
Topic: Criminal
The Second DCA in Daytona Beach reaffirmed that police need more than a feeling to enter and search a home or apartment without a warrant. In the September 9, 2009 decision of Byrd. v. State, the court held that a police officer following a man into an apartment on the feeling that something was not right about the man's darting into said apartment was not an exigent circumstance sufficient to allow the police officer's entry. The United States Supreme Court has stated that either an emergency or other very limited exceptions allow a police officer's search without consent and without a warrant.
Because of the bad search, the evidence against the Defendant, namely a baggie of rock/crack cocaine was suppressed and the Defendant was ordered released. At Arnold & New, we litigate bad searches with a great deal of success in Florida and Georgia State and federal courts. If you need help with an arrest as a result of a police search, call our criminal defense lawyers at (904) 731-3800.
To read the opinion, click on the above link or read the full text below.
