http://www.floridacriminallawblog.com/ Published by Law Offices of M. James Jenkins, P.A. en-us 2012-01-22T15:37:03-06:00 http://www.floridacriminallawblog.com/2012/01/hearsay_statements_offered_to_1.html In Walker v. State, the Florida Second District Court of Appeals issued an opinion on January 20, 2012, reversing a conviction in a case involving very serious charges because the trial court had allowed the prosecution to admit "hearsay" statements... Hearsay Testimony floridacriminallawblog-1 2012-01-22T15:37:03-06:00 http://www.floridacriminallawblog.com/2011/09/unanimous_verdicts_in_florida.html In Florida, and every state in America other than Louisiana and Oregon, in order for the government to convict someone of a crime it must be by a unanimous verdict. What this means in Pensacola or other Florida criminal courts... Florida Jury System floridacriminallawblog-1 2011-09-10T05:54:25-06:00 http://www.floridacriminallawblog.com/2011/06/entrapment_defenses_in_the_pen_1.html June 28, 2011 The recent Pensacola Floirda "sting" case dubbed "Operation Blue Shephard" involving primarily young men soliciting through computer communications with undercover law enforcements officers posing as the parents suggesting these young men have sexual relations with their own... Computers and Manufactured Crime floridacriminallawblog-1 2011-06-30T21:27:33-06:00 http://www.floridacriminallawblog.com/2011/05/florida_supreme_court_limits_c_1.html On April 21, 2011 the Florida Supreme Court made it more difficult for law enforcement to use a drug detection dog’s “alert” to a vehicle to provide officers “probable cause” to search a car without a warrant. In Clayton Harris... Canine Searches floridacriminallawblog-1 2011-05-20T20:06:43-06:00 http://www.floridacriminallawblog.com/2010/12/search_and_seizure_at_airports.html The Florida First District Court of Appeals on Tuesday, December 21, 2010 gave us some insight as to their interpretation of the Transportation Security Administration's (TSA) authority to search our luggage at airports in Florida. (Higerd v. State, 1st District.... TSA's Authority to Search Luggage at Airports floridacriminallawblog-1 2010-12-23T04:50:45-06:00 http://www.floridacriminallawblog.com/2010/12/federal_court_rules_emails_pro_1.html On December 14, 2010, in United States v. Warshak, the Sixth Circuit U.S. Court of Appeals held that government agents violated the defendant’s Fourth Amendment rights when they seized his stored emails without a warrant, pursuant to an outdated law,... Emails receive Fourth Amendment Protection floridacriminallawblog-1 2010-12-16T00:05:44-06:00 http://www.floridacriminallawblog.com/2010/12/florida_search_and_search_law.html In a very recent Florida appellate case, a line was drawn between when a citizen suspected of possession of controlled substance is merely cooperating with law enforcement or if he or she becomes a agent of law enforcement that could... Defense of Agency of Law Enforcement in Drug Cases floridacriminallawblog-1 2010-12-11T08:24:13-06:00 http://www.floridacriminallawblog.com/2010/12/florida_residential_search_and_1.html This article will briefly touch upon when a law enforcement officer, when placing someone under arrest, either inside their home or close to their home, may do what's called a "protective sweep," a term of art used in criminal law... Protective Sweeps of Homes floridacriminallawblog-1 2010-12-04T22:24:35-06:00 http://www.floridacriminallawblog.com/2010/09/being_the_best_trial_lawyer_yo_1.html On August 31, 2010, while on the airplane returning from the week long “interactive” training I generally attend every year in Dubois, Wyoming at the Trial Lawyers College, the thought that weighs heavy on my mind is how do I... Human Dynamics of Trial floridacriminallawblog-1 2010-09-06T13:20:33-06:00 http://www.floridacriminallawblog.com/2010/06/doctor_shopping_in_florida_a_l.html See § 893.13(7)(a)8, Fla. Stat. (2003) ("It is unlawful for any person ... [t]o withhold information from a practitioner from whom the person seeks to obtain a controlled substance or a prescription for a controlled substance that the person making the request has received a controlled substance or a prescription for a controlled substance of like therapeutic use from another practitioner within the previous 30 days." Doctor Shopping in Florida floridacriminallawblog-1 2010-06-29T03:00:19-06:00