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Showing posts from March, 2017

You Can Say No

Many people are taught growing up that they must be respectful to police officers and submit to their authority.  Police officers do come into harm's way quite frequently and work hard to protect society as a whole.  However, respecting police officers does not equate giving up your rights. You have a right to privacy that is specifically protected by the Florida Constitution.  You also have a right to freedom from unreasonable search and seizure .  This right is fundamental as it is guaranteed by the U.S. Constitution's Fourth Amendment.  The police cannot violate this right without a warrant unless one of the following circumstances occurs: 1.  You have given the officer consent to search, 2.  The officer has probable cause to believe there is evidence of a crime in your vehicle (probable cause must come from specific facts and circumstances, rather than simply from the officer's gut feeling or suspicion), 3.  The officer reasonably believes a search is necessary fo

Yes You Can Videotape the Police, But Take Precaution

By now many of you have probably seen the video of the Uber driver/lawyer who was pulled over by police and told he could not record the officer.  The police officer told the lawyer to turn it off or he'd take him to jail.  The police officer also told the lawyer that it was a new law that was recently passed. None of these statements made by the police officer, however, were true. The lesson here is that the police can lie to you at a traffic stop.  It is important for you to know your rights and remain calm and respectful to prevent unnecessary charges, an arrest, or something worse. In Florida, you can videotape the police, if they are on duty, in public, and you are not interfering with their ability to do their job.  The Eleventh Circuit Court of Appeals has ruled that people have a First Amendment right to record police in public unless they infringe on an investigation.  There is one gray area, however, and that is with audio.  State law requires consent for audio recor