St. Petersburg Criminal Attorney and Former State Prosecutor Melinda Morris of the Morris Law Firm discusses the Florida Supreme Court’s recent ruling that says standards are needed for drug sniffing dogs.
Issue:
Since 2005, the U.S. Supreme Court has approved drug-sniffing dogs to check vehicles that officers suspect may have drugs inside during routine traffic stops. The positive alert of a drug-sniffing dog gives the officer probable cause to search the vehicle.
A recent ruling by the Florida Supreme Court will impose tougher standards on the drug-sniffing dogs and make it more difficult for the prosecution to use evidence that was acquired using the dogs.
The Florida Supreme Court ruled 5-1 in a decision to toss-out evidence that a drug-sniffing dog detected against a Florida Panhandle man. In essence, the high Court said that the lack of statewide standards for drug-detecting dogs compels the State (prosecution) to to introduce evidence regarding the dog’s reliability beyond training certificates and records.
Why This Matters To You:
In the Tampa Bay area including St. Petersburg and Tampa it is common for law enforcement officers to utilize drug-sniffing dogs to provide probable cause to search a vehicle for drugs. Typically, during a traffic stop, if the officer believes there may be drugs in the vehicle (and in some cases where there is no reason to believe there are drugs in the vehicle), a drug-sniffing dog may be called for to use their sense of smell to investigate. If the dog alerts (often signaled by barking, sitting, or laying next to the area where the scent has been detected), it has traditionally given the officer probable cause to further investigate and search the vehicle for drugs. Any evidence found (drugs, paraphernalia, etc.) has been upheld in Florida courts as the the State could prove the officer had probable cause and conducted a legal search.
With the Florida Supreme Court’s recent ruling, it makes it more difficult for the State to use evidence culled by using drug-sniffing dogs as much more backup and evidence of the dog’s training and reliability will be required. Instead of simply showing training certificates and records, the State will now have the burden of proof to show that dog is reliable including field performance records, an explanation of the dog’s training, plus records showing the handler’s training and experience.
Another recent Florida Supreme Court ruling determined that law enforcement must get a valid warrant before using a drug-sniffing dog at the front door of a home.
In summary, drug-sniffing dogs will continue to be used in Florida, however, the State will have a much heavier burden of proof to utilize evidence found by the dogs in court.
What To Do Next:
If you have been arrested for a drug related crime contact a St. Petersburg Drug Charges Attorney to discuss possible defenses and specific strategies that may exist in your case. Call the Morris Law Firm at 727-388-4736 to discuss your case directly with an attorney, or fill out our Online Form to be contacted for a Free Initial Consultation. The Morris Law Firm can help and has specific knowledge and experience in defending drug charges offenders throughout Pinellas County and the entire Tampa Bay, FL Area (St. Petersburg, Clearwater, Tampa, Hillsborough, Pasco, Bradenton, Manatee, and Sarasota).
St. Petersburg Criminal Attorney and Former State Prosecutor Melinda Morris of the Morris Law Firm discusses St. Petersburg’s plan to move ahead with a Red Light Camera program.
Issue:
St. Petersburg City Council members recently voted to refer the matter of Red Light Cameras to Mayor Bill Foster who has been on record supporting the program. While mostly procedural, it means that St. Petersburg will very likely implement Red Light Cameras in the near future.
Why This Matters To You:
Red Light Cameras identify drivers who have run a red light by snapping a picture of their vehicle license plate and the driver to properly identify the traffic offender. St. Petersburg plans to implement Red Light Cameras on at least 19 intersections in the city.
Drivers caught running a red light by the system will be issued a $158 fine. If the fine is not paid, the driver may have their license suspended. Driving While License Suspended or Revoked (DWLSR) is a very serious crime and carries with it potential jail sentences and fines. Red Light Cameras and the automated system of issuing tickets from these systems increases the chances that drivers may be charged with DWLSR.
Additionally, Red Light Camera systems are not foolproof. In some cases the Red Light Camera may not be able to effectively identify the driver or the license plate. As well, traffic conditions and circumstances beyond the driver’s control may have affected a driver who has been cited by a Red Light Camera.
What To Do Next:
If you have been fined for any traffic infraction including running a red light, contact a St. Petersburg Traffic Attorney to discuss possible defenses and specific strategies that may exist in your case. Call the Morris Law Firm at 727-388-4736 to discuss your case directly with an attorney, or fill out our Online Form to be contacted for a Free Initial Consultation. The Morris Law Firm can help and has specific knowledge and experience in traffic offenders throughout Pinellas County and the entire Tampa Bay, FL Area (St. Petersburg, Clearwater, Tampa, Hillsborough, Pasco, Bradenton, Manatee, and Sarasota).
St. Petersburg Criminal Attorney and Former State Prosecutor Melinda Morris of the Morris Law Firm discusses why Pinellas and Hillborough law enforcement are increasing their efforts around auto insurance fraud.
Issue:
Florida unfortunately holds a top spot in a number of categories the state would rather not be recognized for: unemployment, foreclosures, prescription drug trafficking, and now auto insurance fraud.
That’s right, Florida is now No. 1 nationally in auto insurance fraud.
Auto insurance fraud is the practice of staging auto accidents or submitting questionable claims to insurance companies to reap the benefits of the payouts. In Tampa alone there were 487 staged wrecks last year.
Why This Matters To You:
With many Floridians still in financial turmoil, auto insurance fraud is tempting. Some may consider that they are paying a premium to their auto insurance companies and haven’t filed a claim in many years. Others may consider Florida’s personal injury protection (PIP) law that provides $10,000 of medical coverage regardless of who is at fault.
Law abiding citizens also are affected by auto insurance fraud with Florida drivers paying on average $83 more in yearly premiums due to the costs of insurance companies covering fraudulent claims.
Auto insurance fraud is a serious crime in Florida with 667 people arrested for PIP fraud in just the last three years. Many have been convicted, and can face up to 30 years in prison given the charges.
As Florida has been recognized as a hot spot for auto insurance fraud, Pinellas and Hillsborough law enforcement agencies have increased their efforts to identify and catch perpetrators. Agents and officers are looking for the signs of fraud including minor damage to vehicles in staged accidents and brand new insurance policies being claimed against. Meanwhile detectives and undercover agents may track the movements of someone who has claimed they were disabled through an auto accident. Law enforcement is even using online social networking sites such as Facebook to track the behavior and movements of those claiming injuries to ascertain if they are fraudulent.
Increased scrutiny and focus will mean more arrests. In January alone there were 114 arrests for PIP auto fraud in Florida.
What To Do Next:
If you have been arrested for auto insurance fraud contact a St. Petersburg Insurance Fraud Attorney to discuss possible defenses and specific strategies that may exist in your case. Call the Morris Law Firm at 727-388-4736 to discuss your case directly with an attorney, or fill out our Online Form to be contacted for a Free Initial Consultation. The Morris Law Firm can help and has specific knowledge and experience in defending auto insurance fraud offenders throughout Pinellas County and the entire Tampa Bay, FL Area (St. Petersburg, Clearwater, Tampa, Hillsborough, Pasco, Bradenton, Manatee, and Sarasota).
St. Petersburg Criminal Attorney and Former State Prosecutor Melinda Morris of the Morris Law Firm discusses the upcoming launch of Florida’s Prescription Drug Monitoring Program (PDMP) Database.
Issue:
Florida has had an approved statue on the books to implement a Prescription Drug Monitoring Program (PDMP) Database for some time. When Gov. Rick Scott took office, he and Republican House Speaker Dean Cannon objected to the database citing privacy concerns. Despite these and other objections, the Florida Department of Health green lighted the program and has enlisted a vendor to create the database.
With the legal issues resolved, and the program mandated by Florida statute, the Prescription Drug Monitoring Program Database will likely become a reality in the very near future and may hold unintended consequences for Floridians.
Why This Matters To You:
Any state run “monitoring” program should cause concerns for Floridians. While the focus of the program will be to identify and arrest pill mill operators and real drug traffickers, there is a potential for citizens to be improperly identified by the new and untested technology. Additionally, any Floridian that has or will ever receive a prescription from their physician should have patient privacy concerns regarding the database.
There are also many loopholes in the new Prescription Drug Monitoring Program. For example, there is no requirement that doctors check the database before prescribing pain pills to a patient. Thus patients may still be able to “doctor shop,” or go from physician to physician seeking the drugs they are addicted to.
The database will seek to identify pill mills that are parsing out controlled substances and pain pills including OxyContin, Vicodin, and Xanax among others, but any program that relies on technology is susceptible to errors when attempting to identify potential subjects.
What To Do Next:
If you have been arrested for a drug related crime contact a St. Petersburg Drug Charges Attorney to discuss possible defenses and specific strategies that may exist in your case. Call the Morris Law Firm at 727-388-4736 to discuss your case directly with an attorney, or fill out our Online Form to be contacted for a Free Initial Consultation. The Morris Law Firm can help and has specific knowledge and experience in defending drug charges offenders throughout Pinellas County and the entire Tampa Bay, FL Area (St. Petersburg, Clearwater, Tampa, Hillsborough, Pasco, Bradenton, Manatee, and Sarasota).
St. Petersburg Criminal Attorney and Former State Prosecutor Melinda Morris of the Morris Law Firm discusses the possible changes the Florida Legislature is considering to eliminate minimum mandatory sentences for non-violent offenders.
Issue:
For decades Florida has had tough-on-crime laws that included minimum mandatory sentences. This has meant that judicial discretion in handing out sentences was severely limited by law. Florida law states that, for example, if you commit the crime of drug trafficking prescription pills, there is a potential minimum mandatory sentence of 3 years. Under current law, if you are found guilty, the judge has no discretion in your sentencing.
Florida law makers are now considering eliminating minimum mandatory sentencing for non-violent offenders. Their rationale includes cutting the cost of keeping non-violent offenders in prison which is borne by Florida taxpayers. As well, legislators have considered that many non-violent offenders who are subject to minimum mandatory sentencing are drug addicts who would be better and more economically served by receiving treatment as opposed to incarceration.
Why This Matters To You:
With Florida’s minimum mandatory sentencing in place, a drug addict caught carrying just one bottle of pills could be subject to a mandatory sentence of 3 years or more. Florida is combating a prescription drug problem across the state where pill mills and illicit pain clinics feed drug addiction and land non-violent offenders in the criminal justice system. In fact, one of every 10 inmates in Florida is serving time for a drug offense.
The bill (SB 1334) sponsored by Senator Ellyn Bogdanoff of Fort Lauderdale seeks to eliminate minimum mandatory sentencing which would allow judges additional discretion in their sentencing, and may allow non-violent offenders into treatment programs and drug court.
Although much of the debate in Tallahassee centers around the hot topic of prescription drugs, the proposed bill would also apply to other drug crimes such as possession of marijuana, possession of cocaine, and possession of other controlled substances.
What To Do Next:
If you have been arrested for a drug related crime contact a St. Petersburg Drug Charges Attorney to discuss possible defenses and specific strategies that may exist in your case. Call the Morris Law Firm at 727-388-4736 to discuss your case directly with an attorney, or fill out our Online Form to be contacted for a Free Initial Consultation. The Morris Law Firm can help and has specific knowledge and experience in defending drug charges offenders throughout Pinellas County and the entire Tampa Bay, FL Area (St. Petersburg, Clearwater, Tampa, Hillsborough, Pasco, Bradenton, Manatee, and Sarasota).
