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Fourth Amendment Under Siege

The Fourth Amendment to the US Constitution protects us from unreasonable searches and seizures, right? Then why are local police forces across America starting to use a new product, called “Cellebrite,” to extract personal data from the cell phones of motorists they stop for routine traffic infractions? We asked Tampa Criminal Defense lawyer Barry Taracks, […]

What is the Florida Accident Report Privilege?

Drivers who are involved in reported or alleged motor vehicle accidents have a legal duty to provide law enforcement officers with their name, address, driver license, and other relevant information under Florida Statute 316.062. To ensure that this requirement does not infringe on constitutional rights or protections (i.e.; 5th Amendment protection against self incrimination), […]

Former UCF Star Joseph Burnett Arrested

Former UCF Star and now NY Giant Joseph Burnett was charged with DUI last week, reports say. Burnett was arrested by Orlando Police after submitting to “Field Sobriety Exercises” where the police conducted roadside tests (traditionally the “walk-and-turn” and “one-leg-stand” tests.) Police indicated that Burnett failed these tests; however he gave breath samples under […]

Vehicle or Property Forfeiture in Florida

Under Florida Statute 932.703, any contraband article, vessel, motor vehicle, aircraft, other personal property or real property used in violation of any provision of the Florida Contraband Forfeiture Act may be seized and forfeited subject to the provisions of the Florida Contraband Forfeiture Act. A similar provision under federal law is known as the Comprehensive […]

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