Category: Recent News

Criminal Defense, Legal Blog, Recent News

Supreme Court: Cops don’t have to know the law

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This week, the Supreme Court of the United States issued an opinion that basically confirms police officers do not have to know the law. Yes, you read that right.

In HEIEN v. NORTH CAROLINA, the driver was pulled over in North Carolina for having a busted tail light. The officer “mistakenly” believed that the law requires two working brake lights. However, in North Carolina, the law does NOT require a driver to have two working brake lights. After the officer pulled the vehicle over (even though there was NO traffic infraction to give the officer the authority to stop the car), he noticed that the driver and passenger seemed “very stiff and nervous” (as if that were bizarre behavior for a person who is being stopped by the police for no reason?). The officer then asked the driver and passenger (Heien) for permission to search the vehicle, which ultimately revealed a sandwich bag filled with cocaine.

The US Supreme Court ruled that because the officer’s mistake of law was reasonable, there was “reasonable suspicion” justifying the stop under the Fourth Amendment.

In justifying the decision, Chief Justice Roberts cited what he claims to be “precedent” finding that a reasonable mistake of fact, such as an officer who stops a motorist for driving in a high-occupancy lane only to discover two children sleeping in the back seat, can justify a search or seizure and not violate the Fourth Amendment. Roberts then goes on to conclude that a “mistake of law” is as justifiable as a “mistake of fact,” and that there was essentially no violation of anyone’s rights in either scenario.

How can that be? And what is next? It seems that this decision is setting terrible precedent that will allow officers to do whatever they want and claim later that they “didn’t know they couldn’t do that.” Arrest first, ask questions later? Forget about the far-reaching effects; let’s talk about the immediate issue: if a traffic cop’s daily job function is to stop drivers for traffic offenses (such as speeding, broken tail lights, running stop signs, etc.), shouldn’t the traffic cop be required to actually know the laws entailed? Or are we now just handing out patrol cars and badges to everyone and waiting to see what happens?

A local law student, Ana Roditi, hit the nail on the head when interviewed about the case when she stated “It’s crazy to think that ignorance of the law is no excuse, unless you’re a cop – then it’s a reasonable excuse!”

Defendants cannot claim ignorance of the law as a defense to a criminal charge. But apparently, police officers can use it as an excuse to arrest anyone they feel like.

It’s an unfortunate day for civilian rights – instead of holding law enforcement to a higher standard of actually knowing the laws they are trying to enforce, the Supreme Court is now putting the burden on civilians.

The full opinion can be found here.

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 Family law.

Criminal Defense, Downward Departure, Legal Blog, Recent News

Downward Departure and the Right to Jury Trial

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In a good case out of the 5th DCA published last week, the appellate court reiterated the constitutional right to a trial by jury.

In the case (Little v. State), the defendant elected to go to trial and was ultimately found guilty. During the sentencing phase, the trial judge made it clear that he would not even consider a downward departure argument because it was his policy that when a jury finds a defendant guilty, he will not downward depart. The appellate court held that the judge’s policy was a violation of due process, reversed the sentence, and ordered that a resentencing be held before a different judge to make the determination as to whether a downward departure sentence is appropriate

For those unfamiliar with downward departure, Florida Statute 921.0026 allows the court to downward depart from the lowest permissible sentence calculated by the felony point system. There are a list of mitigating circumstances found within the statute that the sentencing judge may consider in determining whether to downward depart, such as:

  • the defendant was a relatively minor participant in the crime;
  • the defendant was too young, or the capacity of the defendant to appreciate his conduct and the law was impaired by something other than voluntary intoxication;
  • the defendant requires specialized treatment for a mental disorder that is unrelated to substance abuse or addiction or for a physical disability, and is amenable to treatment;
  • the defendant acted under extreme duress;
  • the defendant cooperated with the state;
  • the offense was committed in an unsophisticated manner and was an isolated incident for which the defendant has shown remorse; or
  • the defendant should be sentenced as a youthful offender.

The full list can be found under Florida Statute 921.0026(2).

 

In the Little case, the trial court essentially punished the defendant for electing to exercise his constitutional right to a trial by jury, because it does not want to “disrespect” the jury. That is contrary to law, and the appellate court found that the judge committed fundamental error requiring reversal.

The right to trial by jury is a constitutional right stemming from the presumption that every person is innocent until proven guilty, and a defendant should not be punished for exercising his or her constitutional right.

Anyone who is facing criminal charges in Palm Beach County, Florida should contact a Palm Beach 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 Family law.

Criminal Defense, DUI, Legal Blog, Recent News

Tailgate Parties

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Attorney Casey Reiter was recently quoted in an article appearing on Avvo’s Nakedlaw Blog regarding “Why Tailgate Parties are Legal, Unless You Have Pot.” The full article can be found HERE.

In the article, Attorney Reiter explains that “tailgate parties” (events where sports fans gather in parking lots prior to the event to eat, drink, and have a good time) are not unlawful events, even though they may ultimately result in drinking and driving.

Casey Reiter briefly explains in the Nakedlaw Article that drinking and driving, in and of itself, is not against the law in Florida.

“A person who drives home after one beer is not necessarily committing a DUI,” she says. “A person cannot drink alcohol to the extent that his or her ability is impaired and then drive a vehicle.”

Having a beer and then driving is not illegal as long as a person’s normal faculties – the ability to walk, talk, see, and hear – are not impaired by one beer, and as long as the person’s blood alcohol content is under the legal limit of .08 (or .02 for minors). If it was illegal for a person to have a sip of alcohol (or even more) and then get behind the wheel, restaurants that serve alcohol would likely not be allowed to have parking lots. That is simply not the case.

Additionally, just because someone is at a tailgating party doesn’t necessarily mean that they are drinking and driving. A person can attend a tailgate and not drink, and a person can drink at a tailgate and not be driving. Further, a person can attend a tailgate, drink, go watch the event, sober up, and drive home without having committed any crime.

Finally, it is important to note that if a municipality has an ordinance banning drinking in public, police can ticket and/or arrest anyone who is openly drinking alcohol on public property, such as sidewalks, public parks, streets, etc. Often, places where tailgating is prevalent, such as sporting arenas or even private driveways, are not public and therefore are not in violation.

Of course, this is not to suggest that it is advisable for a person to drink alcohol and then get behind the wheel. Bring a sober driver with you or take a cab if you may have overindulged. As always, anyone who is facing a DUI charge in Florida should contact 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, Recent News

As Quoted in US News & World Report

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Attorney Casey Reiter was recently quoted in an article by US News & World Report regarding the “Real Cost of a Traffic Ticket.”

In the article, Attorney Reiter explains that there may be applicable technicalities to having a traffic ticket dismissed or fines reduced. While drivers can elect to attend traffic court on their own, Ms. Reiter states that in Florida, “Many people find that the convenience of having a lawyer go to traffic court on their behalf is well worth the 80 or so dollars.” However, it is important to remember that while many drivers may choose to elect traffic school to avoid points on their licenses rather than hire a traffic ticket attorney, in Florida, traffic school may only be elected once per 12 months and only five times in a lifetime.

To read the full article, CLICK HERE

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.

Florida Traffic Ticket, Legal Blog, Recent News

West Palm Beach Red Light Camera Tickets

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According to recent reports in the Palm Beach Post found HERE, a West Palm Beach traffic court has given the city of West Palm Beach until January 7, 2015 to resolve disputes over Red Light Traffic Camera Tickets, or else 85 tickets will be dismissed.

This comes on the heels of an October 16, 2014 ruling by the Fourth District Court of Appeal, where the court threw out a Hollywood, Florida traffic ticket. The court held that the city of Hollywood cannot delegate its legal authority to issue traffic tickets to a private, for-profit third party – in this case, American Traffic Solutions (ATS), who provides the red light cameras to the city. Apparently, West Palm Beach has a similar red light camera ticket operation, and the city is trying to figure out how to handle its own tickets pending appeal.

My prior article on the red light decision can be found HERE.

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.