 Cybercrime, Child Porn, Computer Investigations |
| Wi Fi Bust |
Florida Computer Crime Defense Attorney / Lawyer notes a Florida guy got a visit from the Feds, after a long distance wireless antenna was used to access his network on the 12th Floor of a Tampa Bay area condominium. The guy the Feds eventually busted was on a boat in the bay and was eventually indicted.
This Tampa Bay story has become national news.
Call me Toll Free 1-877-793-9290 if you or a loved one have questions.
 Firearm, Gun, Pat Down, Search and Seizure, Reasonable Suspicion |
| Gun Suppressed |
Case Excerpt: “This case presents the issue of two conflicting interests: the Fourth Amendment right to be free from unreasonable searches and seizures and the ongoing concern for officer safety in an increasingly dangerous profession. But even though the facts of this case reveal an alarming result of the pat-down—a gun—we are not permitted to be distracted by the fruit of the search. Instead, our focus must be on the justification for the search. See D.B.P. v. State, 31 So. 3d 883, 887 (Fla. 5th DCA 2010) (“The success of the search . . . is not now and never has been the test to be applied.”)”
. . .
“For a weapons pat-down search to be valid, an officer must identify objective facts indicating that the person detained is armed and dangerous. See Howell v. State, 725 So. 2d 429, 431 (Fla. 2d DCA 1999). But here, the only justification provided by the officers was the fact that Dawson refused to comply with their requests to keep his hands out of his pockets. That fact—standing alone—was insufficient to establish reasonable suspicion. The comment made by one officer that he believed Dawson “could have contraband or a weapon” was simply unsupported by any identifiable objective facts to lead him to that conclusion. Because “routine patdown searches based on general concern for officer safety are not constitutionally permitted,” McNeil v. State, 995 So. 2d 525, 526 (Fla. 2d DCA 2008), the officers lacked reasonable suspicion to conduct a pat-down search of Dawson and the trial court erred by denying the suppression motion.”
The Complete Pat Down Opinion is available for download here.
Source: 36 Fla. L. Weekly D804a
 Juror Questionaire, Jury Selection, Jurors |
| Juror Questionnaires |
“jury decision should be based upon the evidence in court, trial lawyers want to know if prospective jurors have been following a case in the media”
Defense Attorneys who go to trial would like to know more about those who are seated on a jury in their client’s trials. In a jury trial dozens of people are called by the court and interviewed by the lawyers and in some case, by the judge. Some trial courts allow for written questions to be answered by potential jurors to aid in the selection process. I have spent some time reviewing a juror questionnaire in a high profile trial in federal court and listed a few questions below. Our readers can view a recent Federal Juror Questionnaire here. We have also posted a Juror Questionnaire used in an entertainment personality’s trial here.
Since a jury decision should be based upon the evidence in court, trial lawyers want to know if prospective jurors have been following a case in the media. Now that means television, radio, newspapers, and the internet.
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| Cops and Businesses Monitor Visitors |
Spring Break Update | Criminal Defense Expert, notes that some police agencies are employing mobile 3G and WiFi ID Card Scanners, and a non-discretionary “zero tolerance” policy to encountering and arresting Spring Break visitors. Police are using fairly vague and discretionary charges, such as Disorderly Conduct Florida Statute 877.03. These seemingly minor charges can result in a permanent criminal record. See details about this charge below.
Also we note that one restaurant on a beach has over a dozen security cameras monitoring the activities of beach-goers. One media outlet predicted, “more than 2 million students will be on break.” BayNews9.com . With the foolishness of zero-tolerance policies we expect Florida Courts and jails to be packed. Casey frequently represents out-of-state visitors charged with offenses while on vacation.
For Help Call 1-877-793-9290
Security Cameras
One small Florida police department has even installed a couple of cameras mounted on utility poles to monitor beach visitors. Expect that law enforcement will also be using readily available portable card scanners that will retrieve age information from the back of Florida (and possibly other) state driver’s licenses.
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| Back of Florida License |
According to official sources with the State of Florida, “The (Florida License and ID Cards) cards are created using a new, updated digital imaging process. This process stores all the information from the front of the card in a 2-D barcode and magnetic stripe located on the back (see photo to your left). Driver license class, restrictions, conditions, and endorsements specific to the driver are printed on the back.” DHSMV Official Site.
For Help Call 1-877-793-9290
Disorderly Conduct | Summary of Charge
Florida Statute: 877.03
Level: 2nd Degree Misdemeanor
Breach of the peace; disorderly conduct.
Whoever commits such acts as are of a nature to corrupt the public morals, or outrage the sense of public decency, or affect the peace and quiet of persons who may witness them, or engages in brawling or fighting, or engages in such conduct as to constitute a breach of the peace or disorderly conduct, shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
For Help Call 1-877-793-9290
Underage Drinking | Open Container | Summary of the Charges
Sample Open Container Ordinance
Source: https://www.baynews9.com/article/news/2011/march/215091/Police-cracking-down-during-spring-break
https://www.flhsmv.gov/ddl/newformat.html
 Operation Pain Reliever, Tampa Prescription Drug Defense Lawyer, Oxycontin, |
| Oxycontin |
Tampa Prescription Drug Defense Lawyer just received a report of yet another Prescription Drug roundup as HCSO Hillsborough County Sheriff’s Deputies deputies made 33 arrests for dealing prescription medications. Code Name: Operation Pain Reliever .
Need Relief? Call me Toll Free 1-877-793-9290.
Source: https://www.tampabay.com/news/publicsafety/crime/as-bondi-announces-crackdown-on-prescription-meds-33-arrested-in/1149356
Hillsborough Prescription Drug Busts | Operation Pain Reliever | Prescription Drug Defense Lawyer
Call Me Toll Free at 1-877-793-9290.
Gasparilla Arrest Video, Tampa Police, Open Container, Possession of Alcohol
Gasparilla Arrest Report Update: “Tampa police reported 349 arrests, most for alcohol violations and all but three misdemeanors. The felonies were charges for grand theft auto, resisting arrest with violence and battery on a law enforcement officer. Hillsborough County deputies made an additional 10 arrests on disorderly conduct or open container charges.”
Original Report Gasparilla Arrest; 222 Arrests
Source: https://www.tampabay.com/news/bigger-crowds-fewer-arrests-and-a-continuing-clamor-for-beads-mark/1148560
Common Charges From The Gasparilla Weekend.
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| Possession Open Container |
If you have been charged with TPOR0064 POSSESSION OF OPEN CONTAINER you can call a Defense Attorney Tampa at 1-877-793-9290 and tell me your story.
Form Code: TPOR0064
City of Tampa Municipal Code: 003.40.B
Level: Municipal/Local
Description: POSSESSION OF OPEN CONTAINER
TPOR0064 POSSESSION OF OPEN CONTAINER one of the most commonly charged offenses in Hillsborough County, Florida.
Sec. 3-40. – Consumption and possession of open containers on streets, sidewalks, alleys and other public property.
(b) It is unlawful for any person to possess an open container of an alcoholic beverage upon any street, sidewalk, alley or other public property, including public or semi-public parking lots, within the city.
(1) As used in subsection (b), “open container” means any vessel or container containing an alcoholic beverage, including beer or wine, which is immediately capable of consumption or the seal of which has been broken.
(2) An open container shall be considered to be in the possession of the person if the container is in the physical control of such person.
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Possess Alcohol Under 21
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Title XXXIV ALCOHOLIC BEVERAGES AND TOBACCO
Chapter 562 BEVERAGE LAW: ENFORCEMENT
562.111 Possession of alcoholic beverages by persons under age 21 prohibited.
(1) It is unlawful for any person under the age of 21 years, except a person employed under the provisions of s. 562.13 acting in the scope of her or his employment, to have in her or his possession alcoholic beverages, except that nothing contained in this subsection shall preclude the employment of any person 18 years of age or older in the sale, preparation, or service of alcoholic beverages in licensed premises in any establishment licensed by the Division of Alcoholic Beverages and Tobacco or the Division of Hotels and Restaurants. Notwithstanding the provisions of s. 562.45, any person under the age of 21 who is convicted of a violation of this subsection is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083; however, any person under the age of 21 who has been convicted of a violation of this subsection and who is thereafter convicted of a further violation of this subsection is, upon conviction of the further offense, guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(2) The prohibition in this section against the possession of alcoholic beverages does not apply to the tasting of alcoholic beverages by a student who is at least 18 years of age, who is tasting the alcoholic beverages as part of the student’s required curriculum at a postsecondary educational institution that is institutionally accredited by an agency recognized by the United States Department of Education and that is licensed or exempt from licensure pursuant to the provisions of chapter 1005 or is a public postsecondary education institution; if the student is enrolled in the college and is tasting the alcoholic beverages only for instructional purposes during classes that are part of such a curriculum; if the student is allowed only to taste, but not consume or imbibe, the alcoholic beverages; and if the alcoholic beverages at all times remain in the possession and control of authorized instructional personnel of the college who are 21 years of age or older.
(3) In addition to any other penalty imposed for a violation of subsection (1), the court shall direct the Department of Highway Safety and Motor Vehicles to withhold issuance of, or suspend or revoke, the violator’s driver’s license or driving privilege, as provided in s. 322.056.
Common Charges From The Gasparilla Weekend.
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| DUI Driving Under Influence |
If you have been charged with TRAF1012 DRIVING UNDER THE INFLUENCE You can call a Tampa Criminal Defense Lawyer at 1-877-793-9290 and tell me your story.
Form Code: TRAF1012
Florida Statute: 316.193.1
Level: Misd (Misdemeanor)
Degree: 2nd
Title XXIII MOTOR VEHICLES
Chapter 316 STATE UNIFORM TRAFFIC CONTROL
316.193 Driving under the influence; penalties.
(1) A person is guilty of the offense of driving under the influence and is subject to punishment as provided in subsection (2) if the person is driving or in actual physical control of a vehicle within this state and:
(a) The person is under the influence of alcoholic beverages, any chemical substance set forth in s. 877.111, or any substance controlled under chapter 893, when affected to the extent that the person’s normal faculties are impaired;
(b) The person has a blood-alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood; or
(c) The person has a breath-alcohol level of 0.08 or more grams of alcohol per 210 liters of breath.
Common Charges From The Gasparilla Weekend.
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| DUI Over .08 |
If you have been charged with TRAF1015 DRIVING UNDER THE INFLUENCE UNLAWFUL BREATH A (DUI determined with a Breathalyzer Intoxilyzer Machine) you can call a Tampa DUI Lawyer at 1-877-793-9290 and tell me your story.
Form Code: TRAF1015
Florida Statute: 316.193.1C
Level: Misd (Misdemeanor)
Degree: 2nd
Description: DRIVING UNDER THE INFLUENCE UNLAWFUL BREATH A (DUI determined with a Breathalyzer Machine)
Title XXIII MOTOR VEHICLES
Chapter 316 STATE UNIFORM TRAFFIC CONTROL
316.193 Driving under the influence; penalties.
(1) A person is guilty of the offense of driving under the influence and is subject to punishment as provided in subsection (2) if the person is driving or in actual physical control of a vehicle within this state and:
(a) The person is under the influence of alcoholic beverages, any chemical substance set forth in s. 877.111, or any substance controlled under chapter 893, when affected to the extent that the person’s normal faculties are impaired;
(b) The person has a blood-alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood; or
(c) The person has a breath-alcohol level of 0.08 or more grams of alcohol per 210 liters of breath.
Police Will Also Be on the Lookout For:
Notice to Appear? Tell Me Your Story Toll Free 1-877-793-9290 .
Chapter 901 ARRESTS
 Criminal Forfeiture | Innocent Owner Defense |
| Third Party Claim | Innocent Owner |
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| Restitution for Victims of Child Pornography |
Tampa Criminal Defense expert notes and has posted this Motion for Restitution on behalf of Victims of Child Porn. This emerging area of litigation has achieved different results in various jurisdictions. Here is a free copy of an action filed in Federal Court seeking Restitution for Victims of Child Pornography.
“The Violent Crime Control and Law Enforcement Act of 1994, and the Violence Against Women Act of 1994 were the first statutes to expressly make restitution mandatory for a few specified offenses, including sexual abuse, sexual exploitation, and domestic violence. Section 2259, the “mandatory” restitution statute applicable to the offenses of conviction in this case, provides that “the court shall order restitution for any offense” in Chapter 110 of the United States Code titled “Sexual Exploitation and Other Abuse of Children.” 18 U.S.C. §§ 2259(a), (b)(4) (emphasis added).” (footnotes omitted).