The Inevitable Discovery Doctrine

February 4th, 2019 by

Generally speaking, law enforcement does not have a right to search a residence without either a search warrant or consent to search given by the owner of the residence. Any evidence obtained without a warrant or consent will have occurred in violation of the Fourth Amendment to the U.S. Constitution and said evidence will be Read More

Don’t Drive on the Wrong Side of the Road (Duh)

January 22nd, 2019 by

On January 18, 2019, the Second DCA issued a ground-breaking opinion that driving on the wrong side of the road is sufficient probable cause for a law enforcement officer to conduct a stop of a motor vehicle. The prior statement should be read as dripping with sarcasm. However, I will issue a tip of the Read More

Some Creative Lawyering to Find the Deep Pocket

January 6th, 2019 by

By: Adam L. Bantner, II A well-honed skill of any successful plaintiff’s attorney is the ability to find the money, i.e., to sue the party that has the greatest ability to get your client the greatest recovery for his or her injuries. In the typical case, it is the insurance company as most individuals simply Read More

Requirements of a Suspect Lineup

January 2nd, 2019 by

By: Adam L. Bantner, II Identification of a suspect as the person who committed the crime by a victim of that crime or witness to that crime is some of the most powerful evidence that the State can present when seeking a conviction. However, misidentification of a suspect is one of the leading causes of Read More

Can I Get a DUI Sleeping in a Car?

December 18th, 2018 by

By: Adam L. Bantner, II Board Certified Criminal Trial Law Attorney In a word, Yes All that is required for the State to obtain a Driving Under the Influence conviction is for the prosecutor to prove that you (1) were driving or in actual physical control of a vehicle and that you (2) were under the Read More

Judges Get This One Wrong All The Time!

December 7th, 2018 by

An Excited Utterance Can Be Admissible Even When Self-Serving By Adam L. Bantner, II During the course of a criminal trial it is not unfamiliar for a judge to sustain an hearsay objection whenever the hearsay statement is that of the person on trial. This is true even when the statement qualifies for Read More

Not All Vehicles Are Treated Equally

December 4th, 2018 by

Scooter Accidents We all know that motorized scooters are great for getting around college campuses such as USF, University of Tampa, or Hillsborough Community College. However, they can be dangerous as they offer little protection for the driver of the vehicle. That danger is further exacerbated when a scooter is taken onto a major thoroughfare Read More

Will a Discovery Violation Earn a New Trial?

October 24th, 2018 by

What Happens When the State Hides the Ball? Sometimes intentionally, sometimes inadvertently, the Office of the State Attorney and its prosecutors will fail to provide discovery (evidence that it intends to use at trial), to the defense. When this occurs, we have a discovery violation. The Rules of Criminal Procedure require that the State provides Read More

Improper Bolstering by State Causes Conviction to Be Overturned

October 8th, 2018 by

  If a person is serious about taking their case to trial, they need to be represented by an attorney with trial experience and a depth of knowledge of the evidence code. As a recent case demonstrates, it can be critical to the success or failure of any particular action. Improper Bolstering In Lazarro v. State, Read More

If The Motel Room is Searched, Can the Parked Car Be Searched?

July 31st, 2018 by

One of the tools readily available to law enforcement is a search warrant. A warrant typically follows days, weeks, or months of surveillance of a particular target. The investigation could be focusing on narcotics, weapons, human trafficking, or any other number of criminal activities. After the gathering of evidence through surveillance, the case agent will Read More

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