In U.S v. Davis the defendant was charged in a 16-count indictment with various offenses arising out seven armed robberies. During the jury selection one of the prospective jurors, a dance instructor, announced she had a problem serving because she was paid by the hour and would not be paid…
The defendant in U.S. v. Darden was charged with obstructing commerce by robbery and brandishing a firearm in connection with two robberies. In the first underlying incident, an armed robbery of a Tampa, Florida convenience store, the gunman fled without apprehension. In the second incident Darden was shot by the…
In U.S. v. Gibson, the defendants were convicted of conspiracy to possess with intent to distribute cocaine and cocaine base and with possession with intent to distribute cocaine and cocaine base. Defendant Burton was charged with a the federals crime when cocaine was found in the pickup truck he was…
After a brief hiatus, please find this Miami’s defense attorney’s latest entry, summarizing a recent opinion from the 11th Judicial Circuit. The opinion touches on topics and practice areas relevant to the Swartz Law Firm’s scope of expertise, including sex offenses and internet crimes. In U.S. v. Slaughter the defendant…
In U.S. v. Thompson the defendant appealed the district court’s denial of his motion to dismiss the federal criminal charge in federal court of possession of a firearm by a convicted felon in violation of 18 U.S.C. §922(g) The defendant in U.S. v Thompson became a convicted felon following his…
In U.S. v. Laist, FBI agents traced child pornography images to a computer used by Laist, a University of Georgia student. They paid a visit to the student’s residence to ask him for consent to view his computer. Laist then provided the agents with consent to look at the computer…
In U.S. v. Griffin, a police officer in Jacksonville, Florida, responded to a call from a store about an attempted theft, he recognized strip mall as a location where there had been several burglaries and drug activity. Upon arriving at the store, the security guard told him that someone tried…
In U.S. v. Franklin the Eleventh Circuit applied an exception to the Fourth Amendment protection against warrantless searches and seizures of the home. Under the Fourth Amendment, a law enforcement officer must present to an independent magistrate an affidavit showing probable cause exists to support the issuance of a warrant.…
In U.S. v. Smith, the 11th Circuit found no Fourth Amendment search and seizure violation. Smith was charged with receiving and distributing child pornography in violation of 18 U.S.C. 2252(a)(2) and (b)(1) following the discovery of child pornography on a computer found in his home. Smith moved to suppress the…
In U.S. v. House the defendant was charged with the federal crimes of depriving a person of the constitutional right to be free from unreasonable seizure by a law enforcement officer, in violation of 18 U.S.C. §242, and with making false statements within the a matter within the jurisdiction of…