SEARCHES 100 ‘most asked ‘ questions CAN THE POLICE LOOK INTO MY YARD? Yes. The police can look into your yard with binoculars, from airplanes, from a neighbor’s yard, from anywhere. If an officer is lawfully in a place from which he can view your home or yard it is…
Articles Posted in Federal Criminal Defense
Excerpt from Attorney Ralph Behr’s Book. Street Smarts- Criminal Law 1.01 – Search and Seizure. How do the Police Obtain a Search Warrant?
SEARCHES 100 ‘most asked ‘ questions HOW DO THE POLICE OBTAIN A SEARCH WARANT? To obtain a search warrant a police officer has to swear under oath, in a written affidavit, that he has probable cause to believe that the fruits or instrumentalities of a criminal act are in a…
Excerpt from Attorney Ralph Behr’s Book. Street Smarts- Criminal Law 1.01 – Search and Seizure. Can the Police Enter My House?
SEARCHES 100 ‘most asked ‘ questions CAN THE POLICE ENTER MY HOUSE? No. Only with a warrant or “exigent” circumstances such as: they are chasing you, they get an emergency call that someone is being beaten or shot, a fire emergency. You have a heightened expectation of privacy in your…
Excerpt from Attorney Ralph Behr’s Book. Street Smarts- Criminal Law 1.01 – Search and Seizure. Can the Police Search Me?
SEARCHES 100 ‘most asked ‘ questions CAN THE POLICE SEARCH ME? They CAN search you ONLY if… 1. You agree to the search. Your consent must be freely and voluntarily given, and not the product of threats, intimidation, force, or the threatened use of force. 2. For “Officer Safety” They…
Excerpt from Attorney Ralph Behr’s Book. Street Smarts- Criminal Law 1.01 – If I’m Underage and Alcohol is Served, Do I Get Arrested?
UNDER 21CROWD 100 ‘most asked ‘ questions IF I’M UNDERAGE AND ALCOHOL IS SERVED DO I GET ARRESTED? Yes. It is illegal for any person to sell, serve, or permit the serving of alcoholic beverages to a minor. The presence of alcoholic beverages and minors (under 21) in the same…
Excerpt from Attorney Ralph Behr’s Book. Street Smarts- Criminal Law 1.01 – What is Trafficking?
DRUG BUSTS 100 ‘most asked ‘ questions WHAT IS TRAFFICKING? Possession with the intent to sell or deliver any illegal drug (usually more than a personal use amount) or controlled substance is trafficking. It commonly is understood to mean you have enough of the ‘stuff’ to be “in the business”,…
Excerpt from Attorney Ralph Behr’s Book. Street Smarts- Criminal Law 1.01 – What is Constructive Possession?
DRUG BUSTS 100 ‘most asked ‘ questions WHAT IS CONSTRUCTIVE POSSESSION? You can be charged with possession of a controlled substance under the constructive possession theory. Constructive possession means that although the controlled substance is not on your person or within your immediate vicinity, the contraband is in a place…
Excerpt from Attorney Ralph Behr’s Book. Street Smarts- Criminal Law 1.01 – What is Battery?
CRIMES 50 ‘most charged’ crimes defined BATTERY A battery is an unlawful touching. The state must prove: The defendant intentionally touched or struck the victim against his/her will. A battery may become a felony when the touching causes serious bodily harm.
What Do I Do After I’m Arrested In Miami Florida? Part Three of a Three Part Series
What Do I Do After I’m Arrested In Miami Florida? This three-part series title: What Do I Do After I Am Arrested in Miami , is a complete run through of the criminal court processes from arrest through final disposition of a Miami criminal case. This Article is Part Three…
What Do I Do After I’m Arrested In Miami Florida? Part Two of a Three Part Series
What Do I Do After I’m Arrested In Miami Florida? This three part series: What Do I Do After I Am Arrested in Miami, is a complete run through of the criminal court processes from arrest through final disposition of a Miami criminal case. This Article is Part Two of…