Clearwater Criminal Defense Law Blog

One of the several rights guaranteed to Floridians (and everyone within the jurisdiction of the United States) by the Fourth Amendment to the Constitution is the right to be free of unreasonable searches and seizures by government actors. But what does that really mean? Here’s what you need to know about your right against unreasonable search and seizure in Florida.   The Fourth Amendment to the Constitution was ratified with the rest of the Bill of Rights in 1791. It reads as follows:   “The right of the people to be secure in their persons, houses, papers, and effects, against...

Although many only think of the right to counsel when discussing the Sixth Amendment to the Constitution in Florida, the amendment protects several other rights of accused persons. Among them is the right to confront witnesses who have been called to testify against a defendant in a criminal prosecution.   The roots of the right to confront witnesses are indeed deep. One of the earliest mentions in Western culture of that right is made in the Christian Bible’s book of Acts, which cites Roman governor Porcius Festus as recognizing that a man charged with a capital crime has the right to...

The Sixth Amendment to the Constitution guarantees that those charged with a crime in the jurisdiction of the United States will have the option to be represented by counsel even if they cannot afford to hire an attorney. But what does that really mean in Florida? Let’s look at the rights related to criminal prosecution in Florida and what you need to know if you should ever find yourself in such a prosecution.   The Sixth Amendment to the Constitution was ratified with the rest of the Bill of Rights in 1791. The text of the amendment is as follows:   “In all criminal prosecutions,...

One of the guarantees in the Bill of Rights is that law enforcement may not enter one’s home or invade one’s personal papers and belongings without a search warrant. But what really does that mean in Florida? What follows is what you need to know about the search warrant requirement in Florida. Basics The Fourth Amendment to the Constitution was ratified in 1791 and reads as follows: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause,...

Every January, several new laws passed in the previous session of the Florida legislature go into effect. One of the more far-reaching laws that is now enforceable is one named after a Central Florida murder victim and will affect every apartment complex in the state.   Originally identified as SB 898, the bill became more popularly known as Miya’s Law. Miya Marcano was a 19-year-old resident of Orange County when she was declared missing in late September 2021. Marcano was planning to make a trip to South Florida to visit family, but when she missed the flight she was to take to visit...