“Sorry officer, I didn’t mean to run over your foot” A man by the name of Mr. Fagan was asked to move his car by a police officer. Fagan got into his car and put it in reverse as he was told, but accidentally drove onto the officer’s foot. When the officer told Mr. Fagan…Details
The United States Supreme Court at the end of the last term, June 18, 2015, decided the case of Abramski v. United States in a 5-4 decision. The Court upheld Bruce Abramski’s conviction for buying a Glock 19 handgun for his uncle. The Gun Control Act (18 U.S.C. § 921) has been in effect since…Details
Are fish “tangible objects” within the “anti-shredding provision” of the Sarbanes-Oxley Act of 2002?
In Yates v. United States, a criminal case pending before the United States Supreme Court, Mr. Yates was charged under 18 U.S.C. section 1519, the “anti-shredding provision of the Sarbanes-Oxley Act, for knowingly altering, destroying, mutilating, concealing, covering up, falsifying, or making a false entry in any record, document, or “tangible object” with the intent…Details
Federal law enforcement search warrant powers extended to emails stored abroad under the “Stored Communications Act” In a recent United States District Court decision in Manhattan, District Court Judge Loretta A. Preska approved the issuance of a sealed search warrant on behalf of U.S. law enforcement agencies for a consumer email account hosted by Microsoft…Details
Is there a constitutional right to video record police officers when they publicly perform their duties? This is a very important question. Fortunately, in the Eleventh Circuit Court of Appeal (which includes Sarasota, Florida) the First Amendment has been found to include a right to record public officials as they perform their official duties in…Details
What are the circumstances that justify a law enforcement officer taking a child into protective custody and away from the child’s parents? Under Florida law a law enforcement officer is authorized to take a child into protective custody if the officer has probable cause that the child has been “abused, neglected or abandoned, or is…Details
In Sarasota, Florida, most citizens carry a cell phone throughout the day and evening hours in their briefcases, purses, or in their pockets. In modern day America this is part of most adults’ life . . . to be able to send and receive cell phone calls at anytime, anywhere and to use the internet…Details
On February 24, 2014, the U.S. Supreme Court in Kaley v. United States approved the government’s seizure of a married couple’s home and a $500,000 C.D. purchased to cover anticipated legal expenses arising from the federal charges of selling stolen medical supplies. After the Kaleys were indicted by a federal grand jury but before they…Details
In Florida the rules of evidence provide a powerful tool to be used by a Sarasota defense attorney on behalf of his client. Rule 90.608(2) allows the defense lawyer to attack the credibility of a prosecution witness during cross-examination by showing the witness is biased. A witness’ bias can consciously or unconsciously influence a person’s…Details
What happens if a person has drugs like hydrocodone in his possession that he received from a person who had a legitimate prescription for the drugs?
This situation can arise where a wife gives her prescription medications to her husband or to a friend to hold for safekeeping. In Florida the law of agency controls and the person who is in possession of someone else’s prescribed drugs and who has authority from the prescription holder can raise the “prescription defense.” This…Details