Monthly Archives: November 2024
Can the Police Arrest You Based on an Inaccurate Witness Description?
Police officers often rely on citizen reports of criminal or “suspicious” activity. In many cases, the police use the reports to issue a BOLO, or a “be on the lookout” bulletin. A BOLO need not identify a specific individual or suspect. Instead, a BOLO may simply offer a description of a suspicious person based… Read More »
Does “Stand Your Ground” Apply to Killing a Dog in Self-Defense?
Florida’s Stand Your Ground (SYG) law allows a criminal defendant to file a motion to dismiss the charges against them if they can show they acted in self-defense. More precisely, the SYG law provides that a person is immune from criminal prosecution if they used non-deadly force to defend himself or another “against the… Read More »
Can You Legally Keep an Unsecured Firearm in Your Car?
Some people assume that just because Florida law allows most individuals to own and carry a handgun without a permit, there are no restrictions on how you can transport such weapons. In fact, there are a number of regulations and restrictions that lawful gun owners must still follow. For example, if you transport your… Read More »
What Is the Armed Career Criminal Act?
Federal law has long barred convicted felons from owning or possessing firearms. Indeed, a person with a prior felony conviction can be charged with a new-and-separate felony if they are found possessing a handgun or other firearm. And in some cases, such possession may trigger the Armed Career Criminal Act (ACCA). What Are “Violent… Read More »
Does the State Need a Gun to Prove You Committed a Gun-Related Crime?
While the state must prove a defendant’s guilt “beyond a reasonable doubt” in a criminal trial, that does not necessarily mean the prosecution’s case must be airtight. For example, if the state charges a defendant with committing a crime involving the use of a firearm, you might think that means the prosecution must actually… Read More »
How Far Can Police Go in Asking “Public Safety” Exceptions During a Traffic Stop?
A police officer is supposed to give a Miranda warning to a suspect before initiating a custodial interrogation of a criminal suspect. The courts have long recognized an exception to this rule, however, for matters involving “public safety.” For example, if during a traffic stop, an officer sees something they think might be an… Read More »
