Criminal Attorney Brian H. Mallonee
Legal documents

Stop and Smell the Flowers: The Odor of Marijuana

December 6, 2023
Stop and Smell the Flowers: The Odor of Marijuana Alone Should No Longer Provide Police Probable Cause for Warrantless Vehicle Searches The Florida Highway Patrol (FHP) and the Florida State Attorney’s Office in the Nineteenth Circuit are “ahead of the curve” in protecting the privacy rights of Florida drivers in response to recent changes in the marijuana and hemp laws.....

The Importance of Miranda Warnings

November 28, 2023
“You have the right to remain silent…” “Miranda rights” are often written into the scripts of movies and TV shows. Miranda warnings protect your rights during an arrest by advising you of your right to remain silent and your right to a lawyer. It is important for anyone being arrested on federal or state criminal charges to understand how Miranda works to protect....

A Half-Dozen or a Dozen Jurors

November 17, 2023
12 Angry Men  A 1957 legal drama film that tells the story of a jury of 12 men as they deliberate, often angrily, whether to convict or acquit a teenager charged with murder. Starring Henry Fonda as the champion of reasonable doubt during jury deliberations, the film is entirely set inside a “jury room.” It was nominated for Best Picture,....

“…The right of the people to keep and bear Arms shall not be infringed.”

November 8, 2023
Second Amendment to the United States Constitution New Mexico State Governor Michelle Lujan Grisham (D) recently issued an executive order on September 8, 2023, suspending for 30 days, New Mexicans’ rights to carry guns for self-defense in the City of Albuquerque in response to gun violence in that city. Her order was issued days after an 11-year old child was....

Can a state prisoner challenge his or her conviction in a federal court?

September 12, 2023
A state prisoner can file a habeas corpus petition in federal district court to challenge his or her conviction. Pursuant to 28 U.S.C. § 2254, as amended by the Antiterrorism and Effective Death Penalty Act. A federal judge may grant a habeas petition under § 2254, but only if the petitioner has first “exhausted the remedies available in the courts of the State.” See....

Importance of Body-Worn Cameras in Criminal Cases

September 1, 2023
“A picture is worth a thousand words” when traffic stops result in drug trafficking charges thanks to the body-worn camera. As a criminal defense law office, we often see felony drug trafficking cases and misdemeanor drug possession cases from “traffic stops”. In the past, proving a police violation of Constitutional rights often devolved into a credibility contest between the accused....