Tag: law-enforcement
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Halfway Houses and Mental Health Treatment Facilities Establishing Duty in Tort
Residential drug and mental health treatment facilities do not always have a legal duty to prevent residents from harming themselves or others. Courts have ruled that just living at the facility is not enough to create a duty of care, and the facility may not be held liable for injuries caused by residents. Each case…
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The Complaint for a Pure Bill of Discovery: A Living, Breathing, Modern Day Dinosaur?
A pure bill of discovery is an old legal remedy that asks the court to make the other party share information or documents. It’s not used much anymore because modern rules of procedure cover most types of discovery. But sometimes it’s still necessary to use a pure bill of discovery to get the information needed…
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Invoking the Rule During Depositions? Absolutely Maybe
When someone invokes the rule during a trial or deposition, they are asking for the rule of sequestration to be implemented. This means that certain witnesses must stay outside of the room while others are testifying, so that their testimony isn’t influenced by what they hear. However, the rule doesn’t apply to parties involved in…
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Impeachment of a Civil Litigant with Criminal Convictions
About 1 in 10 adult men in Florida have a criminal record. Most lawyers don’t check if people involved in a lawsuit have a criminal past, even though it could affect their credibility in court. Knowing about someone’s criminal history can be useful in both personal injury and business cases. You can use the internet…
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What Type of Police Officer Testimony Regarding the Common Practices of Drug Dealers Is Admissible in the Courtroom?
Mr. Smith was caught selling drugs and at trial, a detective testified about the common practices of drug dealers. Mr. Smith appealed, claiming the testimony shouldn’t have been allowed. The article explores whether this type of testimony is admissible and if it always leads to a reversal of the verdict. It also looks at who…
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Corporate Transparency Act to Have Major Impact on Clients and Attorneys
Congress passed the National Defense Authorization Act of 2021, which includes the Corporate Transparency Act. This Act creates a new reporting requirement and database for ownership of U.S. companies, which could affect clients and lawyers when the new regulations take effect. The Act also includes the Anti-Money Laundering Act of 2020, which aims to strengthen…
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Corporate Transparency Act Reporting Rules Finalized, But Will Access Issues Cause Delay?
A new law called the Corporate Transparency Act (CTA) is going to start on January 1, 2024. The government released rules for banks to access a database with information about the owners of companies. But the banks and state bankersâ associations think the rules are not good. They said that the rules would make it…
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Defending Our Castle: A Look at Gun Regulation by Community Associations
Two tragic shootings in Florida involving homeowners associations have sparked debate on gun control. The U.S. and Florida constitutions protect the right to bear arms, but courts can impose restrictions on private entities in certain cases. Whether Florida community associations can regulate guns is a legal question that may end up in court. Shelley v.…
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Deputy Court Clerks Can Now Collectively Bargain: Who’s Next?
The Florida Supreme Court recently ruled that deputy clerks are public employees and have the right to collective bargaining. This decision could have a big impact on thousands of employees of constitutional officers in Florida, including deputy sheriffs. This ruling is similar to a previous case, Murphy v. Mack, where deputy sheriffs also fought for…
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Raising Arizona Law in Florida? Part I
Former Arizona Governor Janet Napolitano signed the Legal Arizona Workers Act (LAWA) in 2007 to stop employers from hiring people who are not allowed to work in the United States. If a complaint is made, the Arizona attorney general or a county attorney can investigate and ask the federal government about the employee’s status. If…
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Will Police Body Cameras be a Mandatory Subject of Bargaining in Florida?
Will police body cameras improve policing in Florida? Yes. The purpose of affixing cameras onto the bodies of police officers is to record their citizen contacts, especially their uses of force, including deadly force. This can provide insight into policing for training purposes and document incidents for suspects’ criminal prosecutions. It also serves to assess…
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Police Body Cameras Part II: Will Body Cameras Improve Policing in Florida?
This article discusses whether police body cameras would improve policing in Florida from a legal perspective. The author, who has experience representing a large police union, believes the answer is “maybe.” While it may seem like body cameras would make officers more accountable and improve policing, it’s not guaranteed. Law enforcement agencies are like any…
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Domestic Violence: Why the Florida Legislature Must Do More to Protect the Silent Victims
A nurse and a doctor at a busy hospital saw a woman who was hit in the eye and is seeing flashing lights. The doctor didn’t mention the hit or the person who hit her, and just said she had a face injury and high blood pressure. The doctor didn’t ask about any abuse the…
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Florida’s Four Orders of Protection Against Violence: Distinguishing the Difference
In Florida, there are four types of protection orders called injunctions that protect people from violence. These are for domestic, repeat, dating, and sexual violence. These are civil cases and have specific rules and forms to use. When filing a case, it’s best to use the Florida Family Law Rules version of the petition. There…
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Florida’s Supervised Visitation Programs: The Next Phase
In 1997, there were 15 supervised visitation programs in Florida, but now there are over 40, serving over 40,000 visits in 2002. These programs provide a safe place for noncustodial parents to see their children in court cases involving custody issues or domestic violence. Every judicial circuit in Florida now has at least one program,…
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Immigration, Domestic Violence, and What the Family Practitioner Should Know
Florida is a popular place for people from other countries to live because of the nice weather and beaches. Many noncitizens come to Florida looking for a better life and more freedom. Miami has the most noncitizens of any city in the world. Because of this, Florida lawyers often have to deal with immigration law…
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Search and Seizure in Florida Schools: The Effect of Police Involvement
In 1985, the Supreme Court ruled that school officials can search students if they have a good reason to believe the student broke the rules. The search has to be reasonable based on the situation. Police can also be involved in school searches if needed for safety reasons. In the T.L.O. case, a high school…
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A Loitering and Prowling Primer
The loitering and prowling statute in Florida is difficult to understand because it relies on subjective judgment and vague language. To analyze whether a charge can be prosecuted, we can use a framework with three elements. The first element is when a law enforcement officer sees or hears from a reliable source about potential criminal…
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Following the Crime of Stalking
Stalking is a serious crime that can affect anyone, not just celebrities or wealthy people. There are different types of stalkers, such as those who want to harm their victims and those who believe their victim is in love with them. It’s important to be aware of the different types of stalkers and the harm…
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Deposition Reform: Is the Cure Worse than the Problem?
In 1996, Florida changed the rules for criminal defendants to gather information before trial. These changes might make the entire pretrial process in Florida unconstitutional. Before the changes, defendants could only ask for depositions if they showed the testimony was important and the witness wouldn’t give a statement. In 1972, this rule was changed to…
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Major Criminal Decisions of the U.S. Supreme Court 1997 Term
Buchanan was convicted of a serious crime and his lawyer tried to argue for a lesser punishment based on his age and mental capacity. The jury was told to consider all the evidence before deciding on the punishment. Buchanan wanted a new hearing, but the Supreme Court said the original instructions were enough. The Court…
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Florida’s Anti-Money Laundering Statutes
The police are investigating a couple who are doing suspicious things with a lot of cash. They are depositing money into different bank accounts under different names and are avoiding reporting requirements. They are also paying off debts with cash from sales in Colombia and Venezuela. They are involved in a company that is accepting…
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Tough Times in the Sunshine State
The Florida Legislature has passed new laws to crack down on repeat and violent criminals. These new measures take sentencing power away from judges and pressure prosecutors to avoid plea deals for these offenders. The laws also require harsher penalties for using firearms in crimes. The Department of Corrections has been given money to advertise…
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Major Criminal Law Decisions of the United States Supreme Court 1998-99 Term
Justice Breyer dissented in a case where a Florida inmate had been on death row for 23 years and had four unsuccessful appeals. He suggested that spending that long on death row without any fault of your own may violate the Eighth Amendment. The majority denied the inmate’s appeal without explanation. Jones was charged with…