Category Archives: Firearm Charges
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 »
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 »
What Constitutes a “Voluntary” Consent to a Police Search of Your Home?
The Fourth Amendment to the United States Constitution protects you–and your home–from “unreasonable” searches by the police. In most cases, this means the police need either a warrant or your consent to search your property. Any consent must be “knowing and voluntary” and not the product of police coercion. Federal Court Upholds Mother’s Consent… Read More »
Can the Police Search Your Property If You “Abandon” It?
With certain exceptions, the police cannot search your property without a warrant. One exception is a search incident to a lawful arrest. For example, say the police arrest you while you are wearing a backpack. Assuming the arrest is valid, the police can search your backpack without first obtaining a warrant, and any evidence… Read More »