Category: Criminal Defense

Criminal Defense, Legal Blog, Search and Seizure

Cell Phone Searches

caseyreiteresq

The Florida 3rd District Court of Appeal in Miami recently ruled that warrantless searches of cell phones are illegal, even when they are incident to a lawful arrest.

Generally, when a person is lawfully placed under arrest, police are legally allowed to search the person without a warrant in order to locate and remove any weapons and to seize any evidence on the person’s body or within their immediate control to prevent concealment or destruction of the evidence. This is commonly referred to as a “search incident to arrest.”

In the case of Saint-Hilaire v. State of Florida,  the defendant was stopped by a police officer for a routine traffic infraction. During their interaction, the officer noticed that the defendant’s wallet contained multiple nearly identical debit cards. The defendant allegedly consented to a search of his wallet. The officer discovered that the coding on one of the cards did not match the name on the front, and then placed the defendant under arrest. At that point, the officer patted down the defendant, found his cell phone, and searched it. The search of the cell phone allegedly revealed a list of multiple names and security numbers. The defendant was ultimately charged with several counts of possession of personal identification information with intent to defraud. Possession of personal identification with intent to defraud (found in Florida Statute 817.568) is a third degree felony in the State of Florida, punishable by up to five (5) years in Florida State Prison for each count, in addition to fines.

The defendant filed a Motion to Suppress, arguing that the evidence found on his cell phone should be thrown out because it was obtained as a result of an unlawful, warrantless search by the police officer. The trial court denied the defendant’s motion, and he appealed the case.

The appellate court agreed with the defendant and found that the trial court should have thrown out the evidence. The appellate court stated that the search of a cell phone goes beyond the bounds of a legal search incident to a lawful arrest when there is no evidence that the officer had a reasonable belief that the cell phone contained evidence of a crime. The officer was legally allowed to seize (or take) the phone, but he was not allowed to search it.  If the officer wanted to search the phone, the lawful method should have been for him to obtain a warrant.

It is important to note that the State Attorney’s office in that case could still go forward with charges by using the evidence from the defendant’s wallet. If the defendant consented to the search of his wallet, any evidence found in his wallet was lawfully obtained.

Consenting to a search is never a good idea. The only reason police officers ask to search someone is because they want to obtain more evidence against that person to place them under arrest. If the police had enough evidence to arrest the person, they would arrest them. Unfortunately, many people do not know their rights. When stopped by police officers, many people feel intimidated and simply agree to whatever the officer asks, hoping that doing so will make the encounter easier. However, agreeing to searches and answering questions only makes the encounter easier for the police – it gives them more evidence to arrest without even having to apply for a warrant.

Anyone who has questions about their rights regarding searches, consent, and police investigations in Palm Beach County should contact a Florida Criminal Defense Lawyer.

 

Casey Reiter is an associate attorney at Stuart R. Manoff & Associates, P.A. in West Palm Beach, Florida, practicing in the areas of Criminal Defense and Marital Law.

Battery, Burglary, Criminal Defense, Legal Blog

Burglary and Battery

caseyreiteresq

In another interesting Palm Beach Criminal case, a man was recently criminally charged at the end of  a date at a woman’s house that took a turn for the worst. When the woman asked the man to leave her home, instead of leaving, he allegedly hit the woman in the face and then kicked her door, causing damage to the door and frame. The man is now allegedly facing charges of burglary with assault, battery, and criminal mischief.

At first glance, the burglary charge in that case might not make any sense; after all, there is nothing in the story to suggest that the man was stealing anything in the woman’s home – he was there by invitation. However, under Florida law, a person does not have to break into a home and steal something to be charged with committing a burglary. Instead, a person can be charged in Florida with burglary simply by remaining in a home after permission to remain in the home has been withdrawn and by having the intent to or by actually committing a crime therein.

Worse, burglary in Florida is a first degree felony if the burglary also includes an assault or battery, a weapon, or damage in excess of $1,000.00. A person convicted of first degree felony burglary charges in Florida could be facing life in Florida State Prison. If there was no assault, battery, weapon, or damage as described above, burglary could be charged as second degree felony punishable by up to fifteen (15) years in Florida State Prison.

There are many lesser included offenses of burglary charges, such as trespass and criminal mischief. These lesser included offenses, depending on the particular case, could be misdemeanors punishable by up to one year in county jail, or third degree felonies punishable by up to five (5) years in Florida State Prison. If the State Attorney’s office cannot prove the crime of burglary, but they are able to prove the elements of the lesser included crimes, a person could be convicted of the lesser included offense. Sometimes, a defense attorney may be able to negotiate with the prosecutor to reduce the charge from burglary to a lesser included offense, depending on the facts of the case. It is easy to see that there is a big difference between being charged with Burglary/Battery and risking a felony conviction versus a simple misdemeanor trespass.

Anyone facing charges of burglary, battery, trespass, or criminal mischief in the State of Florida should meet with a Florida criminal defense attorney to discuss the case, understand their rights and the potential ramifications of a guilty plea or a conviction, and determine the best defense strategy going forward.

 

Casey Reiter is an associate attorney at Stuart R. Manoff & Associates, P.A. in West Palm Beach, Florida, practicing in the areas of Criminal Defense and Marital Law.

Battery, Criminal Defense, Legal Blog

Aggravated Battery

caseyreiteresq

In the State of Florida, aggravated battery with a deadly weapon is a second degree felony punishable by up to fifteen (15) years in Florida State Prison and a fine of $10,000.00 if convicted. Aggravated battery is codified by Florida Statute 784.045 and is defined as committing a battery (which is touching another person against his or her will) and either (1) purposefully causing great bodily harm, permanent disability, or permanent disfigurement to the victim, (2) using a deadly weapon, or (3) knowingly committing battery on a pregnant person.

Recently in Palm Beach County, a criminal case made the news when a defendant was charged with aggravated battery with a deadly weapon after allegedly hitting her spouse with a glass candle holder. A “deadly weapon” does not have to be a firearm or even a car. Instead, a deadly weapon can be virtually any object that can be threatened to be used to cause death or great bodily harm to another person. Interestingly, if that defendant had used her fists instead of the candle holder, she likely would have only faced charges for simple battery, which is punishable only by up to one year in county jail and fine of $1,000.00.

There may be applicable defenses in an aggravated battery case, including but not limited to self-defense. A Florida criminal defense attorney will be able to review a battery case and the facts surrounding the incident, determine whether there are any applicable defenses, and talk with the State Attorney’s office to attempt to negotiate a favorable plea bargain or a reduction of charges. A felony conviction in Florida is serious and will have severe consequences. Anyone facing battery charges in the State of Florida, including aggravated battery, should discuss their options with a Florida criminal defense attorney.

 

Casey Reiter is an associate attorney at Stuart R. Manoff & Associates, P.A. in West Palm Beach, Florida, practicing in the areas of Criminal Defense and Marital Law.

Criminal Defense, Legal Blog

Talking to Police Officers

caseyreiteresq

Growing up, children are taught that police officers are their friends. If a child needs assistance, he or she should feel comfortable asking a police officer for help. In cases involving young children, this suggestion is typically good advice. However, as children become young adults, the nature of police interaction becomes more dangerous. Unless reporting a crime committed against them, adults will typically learn that talking with the police will not be beneficial, and lawyers usually recommend against it. This is not to say that all police officers are inherently bad; there are certainly good police officers who are conscious that it is their job to serve and protect. However, when a person is being investigated for a crime, talking to a police officer will almost never help.

Whenever the police show up at someone’s home, it is not to deliver good news. Police officers rarely, if ever, go to someone’s home just to say hello and see how their day is going. Usually, if the police appear at someone’s house or call on the phone, it is because they suspect that person has committed a crime. Even when an officer walks up to a person on the street, it is usually not to have a pleasant conversation. Instead, the police are trying to have what is called a “consensual encounter” to try to get more information and, they hope, give them probable cause to make an arrest. At this point, a person does not have to talk to the police; it is within the person’s rights to politely decline the encounter and walk away.

However, if the police have moved beyond a consensual encounter and are now detaining that person, it is because the officers believe that have enough evidence to make an arrest. At this point, no communication with the officers will help; instead, it will only create more evidence against the detainee. It is very rare that a detained person will be able to talk his way out of an arrest. At the point of detention, officers are typically convinced that person has committed a crime and they will not believe a denial. Even the most eloquent and clever conversationalist can fall into this trap and inadvertently give police officers more “ammo” for whatever charges they plan on arresting the suspect for. As is often seen on TV, Miranda warnings include for a reason that “anything you say can and will be used against you.”

In the United States, people are supposed to be presumed innocent until proven guilty. Every case is different, but in the criminal justice world, the same rules should equally apply to the innocent and guilty. If you are being investigated for a crime,  you should contact a Florida criminal defense attorney regarding your specific case.  The hiring of a lawyer is an important decision that should not be based solely upon advertisements.

 

Casey Reiter is an associate attorney at Stuart R. Manoff & Associates, P.A. in West Palm Beach, Florida, practicing in the areas of Criminal Defense and Marital Law.

Criminal Defense, Legal Blog, Stand Your Ground

Florida Stand Your Ground

caseyreiteresq

In the State of Florida, Stand Your Ground laws have been highly publicized, from the Zimmerman case, where a Sanford neighborhood watchman was found not guilty of murder based in part on the law, to the Alexander case, where a Jacksonville woman was found guilty and sentenced to twenty years in prison for firing a warning shot. The interpretation and application of the law to individual cases has been confusing, to say the least. Stand Your Ground in Florida, simply put, is a law that permits a person to “stand his ground” and use force, instead of retreating, where there is reasonable belief that defensive force is necessary to prevent death or great bodily harm.  Under the Florida Law, a person can claim justifiable use of force and can seek immunity from prosecution.

The newest issue in Florida’s Stand Your Ground Law, which is codified in Florida Statute Chapter 776, has been whether or not a person who is engaged in an unlawful activity may claim Stand Your Ground as a defense against the use of force. Florida courts have recently been debating the issue, specifically in cases where defendants who are convicted felons were in possession of a firearm and attempting to claim the defense. In 2013, the Stand Your Ground statute contained a provision that stated that only “a person who is not engaged in an unlawful activity” may claim Stand Your Ground as a defense. In the State of Florida, a felon may not be in possession of a firearm as a felony conviction includes the loss of the right to bear arms. Thus, the argument was whether or not a felon in possession of a firearm (which is technically an unlawful activity, chargeable as a second degree felony itself in the State of Florida under Florida Statute 790.23) would be precluded from claiming justifiable use of force, or standing his ground, under Florida Statutes 776.012 and 776.013, or precluded from seeking immunity from prosecution for using permissible defense force under Florida State 776.032.

Courts were split on the issue of whether or not a felon in possession of a firearm could claim a Stand Your Ground defense until 2014, when the Legislature in the State of Florida revised the statute to remove the provision that only “a person who is not engaged in an unlawful activity” may claim Stand Your Ground. Florida Governor, Rick Scott, signed the law into effect on June 20, 2014, motivated by what many argue was an “unfair” application of the law in the Alexander case (which was subsequently appealed and now awaiting a retrial). Now, pursuant to the statute, any person may claim Stand Your Ground. However, issues of retroactivity still abound. Thus, until the Florida Supreme Court reviews the particular issue regarding convicted felons claiming the defense under the old statute, the answer will remain unclear.

Stand Your Ground laws in the State of Florida can be difficult to navigate. If you have questions regarding Florida’s Stand Your Ground laws and their application to your specific case, you should contact a Florida criminal defense attorney. The hiring of a lawyer is an important decision that should not be based solely upon advertisements. If you are being charged with a crime, you should consult an attorney regarding your individual case.

 

Casey Reiter is an associate attorney at Stuart R. Manoff & Associates, P.A. in West Palm Beach, Florida, practicing in the areas of Criminal Defense and Marital Law.