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February 2017 Archives

Will FL lawmakers get rid of automatic driver’s license suspension for drug crimes?

According to a report released back in December, Florida is among a group of states that issue thousands of driver’s license suspensions every year for drug offenses. These suspensions occur under laws going back over 20 years. States began passing such laws back in the early nineties after a federal law made highway funding dependent on cracking down on drugs. Most states have since repealed their laws and seen a significant decrease in license suspensions.

Cell site simulator technology presents potential constitutional issues

We’ve previously discussed on this blog the issue of cell phones and privacy in the context of criminal investigation and prosecution. As we’ve noted, law enforcement is limited in its ability to examine cell phones for evidence of criminal activity without a warrant. Generally speaking, a search warrant is required for law enforcement to examine a cell phone, though exceptions can apply. In Florida, law enforcement can also compel cell phone owners to give up their passwords to facilitate a search.

Hotel, Motel, Methamphetamine Sting

Late last month, after receiving a tip, police in Polk County conducted a raid on room 246 of the local Stay Inn & Suites. Their operation resulted in the discovery of methamphetamine, marijuana, and firearms and yielded five arrests. The suspects face multiple felony charges and, if convicted, could serve decades in prison.

Sexting, child pornography and the importance of working with an experienced defense attorney

Previously, we began looking at the legal troubles besetting former New York representative Anthony Weiner. As we noted, federal prosecutors are currently weighing the possibility of charging Weiner with production of child pornography in connection with his sexting activity with a 15-year-old girl. The charge carries a mandatory minimum prison sentence of 15 years.

Anthony Weiner faces hefty prison sentence if convicted for child porn

Most of our readers have probably heard about the case of Anthony Weiner, the disgraced former representative for New York's 9th district. Weiner served in the position from 1999 to 2011, when he resigned after it was publicly reported that he had engaged in sexting. Weiner was subsequently involved in two more sexting scandals, the third of which precipitated his separation from long-time Hilary Clinton aide Huma Abedin.

Fate of federal marijuana law enforcement under Trump administration not clear, P.2

In our last post, we began discussing the present uncertainty about how President Trump will address the enforcement of federal marijuana law. As we noted, while the Department of Justice under Barack Obama took a lenient stance toward law enforcement—only enforcing federal law against those who failed to abide by state law—marijuana is still an illegal substance under federal law.

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