Recent Blog Posts
An Accidental Death in Fort Lauderdale: Was It Murder? Was It Manslaughter?
Recently, the Fort Lauderdale Sun Sentinel reported that a 38-year-old man, Richard Gibbon, may have killed his 2-year-old nephew by allowing the child access to his prescription methadone. This death is, it goes without saying, a horrible tragedy. At the same time, it provides an opportunity to consider the difference in legal consequences between… Read More »
When Have You Actually Been Arrested in Florida?
If you’re pulled over for driving under the influence, and the police officer determines that you should be taken in for further testing to determine your blood alcohol level, at what point are you under arrest? Does the police officer have to actually say the words “you’re under arrest?” Or is it sufficient for the officer simply to escort… Read More »
The Constitutionality of West Palm Beach Anti-Prostitution Ordinances
Last year, the Florida Court of Appeals in City of West Palm Beach v. Chatman ruled that the City’s anti-prostitution ordinance, which prohibited “loitering with the intent to commit prostitution,” was unconstitutional. Mr. Chatman, the defendant in the case, was observed by a police officer while—in the officer’s own words—“standing in an area known for prostitution activity dressed as a woman.” On the basis of the… Read More »
What Counts as “Recently Stolen” Property in Florida?
How long ago is “recently?” A year? Six months? One month? The defendant in the 2013 case of D.S. v. State raised exactly this question in a motion to dismiss the charges against him. There is a Florida statute, Fla. Stat. § 812.014(1)(a), that provides that, in a case in which a person is… Read More »
Prowling, Burglary, and Possession of Burglary Tools in Florida: What Counts as Evidence?
In Florida, as in many states, there exists not only a crime of burglary—which consists of breaking and entering into a dwelling, structure, or automobile with criminal intent—but a separate crime of possession of burglary tools. This crime is often a “freebie” for the state: it’s rare that someone who commits a burglary will be arrested without the actual… Read More »
Proving Vehicular Homicide in Florida Requires Proving Intent
It’s difficult to imagine, but what if, when you were simply driving along the street, you suddenly blacked out? If you then spun out of control and, in a tragic turn of events, crashed into and killed another driver, could you be found guilty of vehicular homicide? The Case of Stracar v. State In the… Read More »
Can the Police Search Your Cell Phone without a Warrant in Florida?
If you’re arrested for a crime, can the police search your cell phone? As more and more people get smart phones, which contain a vast wealth of personal and private information—including emails, text messages, pictures, access to Twitter and Facebook, call logs, contacts, videos, and much more—the question becomes more and more salient. These devices, which are… Read More »
The Importance of the Rules of Evidence in Florida Armed Robbery Cases
What counts as relevant evidence that you committed an armed robbery? How about the fact that you own several guns? Is your answer the same if those guns weren’t used — and, in fact, weren’t even the same kind of guns as those used — during the commission of the crime? Does your answer… Read More »
Petit Theft and Grand Theft: An Important Difference of Degree in Florida
Like most states, Florida recognizes that there are different degrees of seriousness in property crimes. The simplest sort of property crime is just called theft. And theft crimes can be divided further into petit theft and grand theft — you may have heard, for example, the term “grand theft auto” used in crime dramas (or the video game of the same name)…. Read More »
The Right to a Spencer Hearing in Florida Death Penalty Cases
The most serious sentence any criminal defendant can face is, of course, the death penalty — and that’s what seems most likely to happen to Randy Tundidor, the man who, according to the Fort Lauderdale Sun–Sentinel, murdered his landlord, a Nova Southeastern University professor. Tundidor’s attorneys have twice tried to appeal the death sentence by having the judge, the Honorable Cynthia… Read More »