Hearsay Objections Can’t be Underestimated In Tindall v. State, 645 So. 2d 129 (Fla. 4th DCA 1994), the case defendant Levon Tindall appealed his conviction for “aggravated assault with a firearm.” His capable appellate lawyer argued that the trial court had erred when it denied his motion for a mistrial after the investigating police officer’s testimony that approximately ten (10)....

Are Violent Special Offenders of Special Concern Always Dangerous? The term “violent felony offender of special concern” refers to an individual who is on felony probation or community control related to the commission of a qualifying offense, Florida Statute § 948.06(b)(1), or an individual who is on felony probation or community control for any offense and has previously been convicted....

Know your rights: Warrantless Arrests and the Law Not too long ago, our law office successfully represented a young defendant who was arrested by local police officers who entered his apartment late at night, while he was asleep, to arrest him for a misdemeanor offense that had allegedly been committed earlier during the daytime. The officers were not present when....

The “Clean Money” Rule In Fleury v. State, 254 So. 3d 975 (Fla. 4th DCA 2018), Mr. Fleury was charged with drug trafficking. His criminal defense lawyer petitioned for a writ of habeas corpus attacking a court imposed condition requiring him to prove that the source of the money used to post bond was not tainted by illegal activities. According to the probable cause....

A protective sweep is a “quick and limited search of premises, incident to an arrest and conducted to protect the safety of police officers or others.” See Maryland v. Buie, 494 U.S. 325, 327 (1990). In Rozzo v. State, 75 So. 3d 409 (Fla. 4th DCA 2011), the court addressed an appeal from a trial court’s refusal to suppress evidence....

In State v. Fortin, 2024 Fla.App.LEXIS 2133 (March 20, 2024), the Fourth District reaffirmed the continued validity of the plain view and plain smell doctrines despite recent changes in Florida law concerning medical marijuana and hemp. The appellate court reversed a trial court order granting the defendant’s motion to suppress, stating that “as a matter of law, the officer’s visual....