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South Florida Criminal Defense Lawyer Blog

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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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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”,…

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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…

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Excerpt from Attorney Ralph Behr’s Book. Street Smarts- Criminal Law 1.01 – What is Residue Possession?

DRUG BUSTS 100 ‘most asked ‘ questions IS RESIDUE POSSESSION? Yes.  Residue is possession. In most state courts they don’t care if there is a trace amount, or a consumable amount of a controlled substance. If it can be chemically identified as a controlled substance, or residue it is possession.…

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