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Articles Posted in Florida Criminal Defense

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Excerpt from Attorney Ralph Behr’s Book. Street Smarts- Criminal Law 1.01 – Search and Seizure. Can the Police Look into My Yard?

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…

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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…

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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…

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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…

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Excerpt from Attorney Ralph Behr’s Book. Street Smarts- Criminal Law 1.01 – Under 21 Crowd. Can a “Security Guard” Make an Arrest?

UNDER 21CROWD 100 ‘most asked ‘ questions CAN A “SECURITY GUARD” MAKE AN ARREST?  Yes. Many states permit security guards to make arrests. Many rent-a-cops are also off duty cops out there to pick up an extra dollar. It is best to treat a rent-a- cop with the same concern…

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Excerpt from Attorney Ralph Behr’s Book. Street Smarts- Criminal Law 1.01 – Under 21 Crowd. Can I carry Alcohol in My Car?

UNDER 21CROWD 100 ‘most asked ‘ questions CAN I CARRY ALCOHOL IN MY CAR? No. It is unlawful for an underage person to have alcohol in their possession. The only exception is if you work in an establishment that serves alcohol. You can transport it only in connection with your…

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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…

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Excerpt from Attorney Ralph Behr’s Book. Street Smarts- Criminal Law 1.01 – Can I buy a Bong or a Pipe?

DRUG BUSTS 100 ‘most asked ‘ questions CAN I BUY A BONG OR A PIPE? Yes. Can you possess it? No. This is a real head-scratcher for most of us. A store can sell you what is obviously a device intended for the consumption of a controlled substance, but you…

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Excerpt from Attorney Ralph Behr’s Book. Street Smarts- Criminal Law 1.01 – If my Roommate has paraphernalia do I get arrested?

DRUG BUSTS 100 ‘most asked ‘ questions IF MY ROOMMATE HAS PARAPHERNALIA DO I GET ARRESTED? Yes. If you’re in a place, or in a space, where a reasonable person can conclude that you are either in actual or constructive possession of paraphernalia you are subject to arrest. This can…

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Excerpt from Attorney Ralph Behr’s Book. Street Smarts- Criminal Law 1.01 – Can I Share My Prescription?

 BUSTS 100 ‘most asked ‘ questions CAN I SHARE MY PRESCRIPTION? No. The law makes no distinction between selling your prescription and giving away a single pill. If you transfer possession of a controlled substance to another person, you are guilty of sale or delivery. Never offer to or share…

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