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Category Archives: Constitutional Rights

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Are Searches at Florida Schools Constitutional?

By Kevin J. Kulik, P.A. |

Violence, drug crimes, and other unlawful conduct in school have prompted many administrators to take a hard stance against criminal activity on school grounds. As part of their strategy to make the premises safe, an increasing number of schools are conducting searches of their students. These investigations raise many constitutional questions, especially under the… Read More »

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Reviewing the Constitutionality of School Searches on the Anniversary of Parkland Shooting

By Kevin J. Kulik, P.A. |

The February 14, 2018 shooting at Stoneman Douglas High School in Parkland, FL was an unimaginable tragedy, which prompted officials throughout the US to consider and implement stricter gun control. The incident also raised important questions about security measures at school, where bullying, beatings, and other violence are also far too prevalent. Many institutions,… Read More »

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What New Constitutional Amendments Mean for the Florida Criminal Justice System

By Kevin J. Kulik, P.A. |

Though the Florida recount for the governor’s office and US Senate captured many headlines, significant changes to the state’s constitution were also passed during the 2018 election. The Miami Herald outlined these new laws, three of which will affect different aspects of the criminal process. By law, these amendments will go into effect the… Read More »

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Arrests on the Rise: Were Your Rights Violated?

By Kevin J. Kulik, P.A. |

The FBI recently released its annual report on national crime statistics on September 25, 2017, covering the calendar year 2016. The numbers reveal some interesting trends: Murders went up 8.6 percent from 2015; Violent crime, including rape and aggravated assault, increased 4.1 percent; and, Law enforcement officers made 10.7 million arrests covering all types… Read More »

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Increased Female Hires to the Police Force May Decrease Excessive Force Claims Against Police Officers

By Kevin J. Kulik, P.A. |

Overt police brutality has gained widespread notoriety over the last year due to the increased presence of the media and technology that is able to capture bad acts from aggressive law enforcement officers. Footage of aggressive attacks captured on cell phones has led the world to witness horrific events, often with defenseless men and… Read More »

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Supreme Court Finds Warrantless Blood Draws in DUI Arrests are Unconstitutional, but Warrantless Breath Tests in DUI Arrests are Acceptable

By Kevin J. Kulik, P.A. |

Florida’s driving under the influence laws are changing once again due to a recent U.S. Supreme Court 7-1 ruling, which found that warrantless blood draws in DUI arrests were, in fact, unconstitutional. Florida is one of several states that have created criminal penalties to drivers who refuse to submit to an alcohol blood or… Read More »

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Supreme Court Expands Hacking Power to Federal Agencies and Officers

By Kevin J. Kulik, P.A. |

The progress of technology generally moves at a speed faster than the laws are able to catch up; this is usually because legal change requires time and a majority view that the change is necessary. This change is built on cases, legal precedent, the changes of the time and a shifting societal view. The… Read More »

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Sixth Circuit Rules that FBI’s Warrantless Petition for Cell-Site Records is Constitutional

By Kevin J. Kulik, P.A. |

The Fourth Amendment protects citizens from unreasonable searches and seizures by government officials without probable cause and a warrant signed by a magistrate. To determine whether or not a search or seizure is unreasonable, the presence or absence of a warrant may determine the unreasonableness of the search or seizure. Generally, a warrantless search… Read More »

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The Criminal Defendant’s Constitutional Right to an Attorney and Effective Assistance

By Kevin J. Kulik, P.A. |

When a defense attorney is reviewing his/her client’s case, the attorney looks at a variety of different evidence – direct and circumstantial evidence – which may potentially convince the jury that the criminal defendant is either innocent, or in some case, less guilty. The information that can be accumulated may involve witness testimony, testimony… Read More »

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Lawsuit to Protect Due Process Rights of those Arrested for DUIs

By Kevin J. Kulik, P.A. |

Florida has been one of many states that have strengthened their DUI laws over the last five years. According to current Florida law, when a driver is pulled over for probable cause by a police officer, the police officer will request that the driver submit to a breath, blood, or urine test to determine… Read More »

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