Yesterday, the Supreme Court held oral arguments on the issue of same-sex marriage. The arguments revealed a few surprises. We are pleased that Justice Roberts pointed out that the marriage ban might be sex discrimination. Chief Justice Roberts stated that, "I mean,...
Month: April 2015
An End to Warrantless Dog Sniffs of Automobiles: When Does a Traffic Stop Become a Seizure?
It is not unusual for law enforcement officers to turn a traffic stop into a full blown search and seizure of the vehicle that has been stopped. How is this accomplished? First, many times the officers, who have made what seems to be a routine traffic stop, know they...
Stand Your Ground Defense Unavailable in Battery on Law Enforcement Officer Prosecution
The First District Court of Appeal of Florida has decided the case of Finkelstein v. State, 2015 WL 798162. In Finkelstein, the defendant was charged with battery on a law enforcement officer with a deadly weapon. The defendant moved to dismiss the charges, claiming...
The Warrantless Indefinite Monitoring of Sex Offenders by Means of an Ankle Bracelet is a Search Which Must Comply with the Fourth Amendment
On March 30, 2015, the United States Supreme Court decided the case of Grady v. North Carolina, 2015 WL 1400850 (2015). In Grady, the defendant was convicted of a sex offense with a child. After serving his sentence, he was designated as a recidivist sex offender and...