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Articles Posted in Constitution – Bill of Rights

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No liability verdict upheld in Police shooting

In Knight v. Miami Dade two Miami Dade Police officers discharged their firearms at the SUV Cadillac driven by the plaintiffs killing both plaintiffs.  The estate filed a complain against the officers and the Miami Dade police department for various civil rights violations and claim arising under Florida state law and this is an…

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New trial ordered in civil rights lawsuit for officer shooting

  In this civil rights lawsuit involving an officer shooting, the plaintiff, Evett Stephens, claimed a constitutional violation as a result of the excessive force used against him by Palm Beach Sheriff deputy Adams Lins as an individual and against Sheriff Ric Bradshaw in his official capacity as the sheriff…

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Search warrant for Facebook account flawed but not enough to overturn a sex-trafficking conviction

Defendants Blake and Moore were convicted of child sex trafficking two underaged girls. The case arose when FBI investigations discovered that ads for prostitution services were posted on the classified website Backpage. Moore would take phone calls from potential customers who were responding to the ads and Blake would drive…

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Terrorist conviction and sentence upheld

Sami Osmakac was convicted and sentenced to 42 years in prison following a 10-day trial for attempting to carry out a terrorist plot in Tampa, Florida, and for possessing a firearm not registered to him. After the F.B.I. received a tip from a confidential informant a store owner selling trinkets…

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Entering defendant’s home under the ruse of investigating a reported burglary not a Fourth Amendment violation

In U.S. v. Spivey, the defendants Spivey and Austin reported to police their home had been burglarized. When the police caught the burglar, he informed them that this residence was the site of substantial credit-card fraud and much high-end merchandise was kept there. Two South Florida Organized Fraud Task Force…

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Fugitive defendant in Saudi Arabia cannot challenge his kidnapping charge from outside the United States

  In U.S. v. Shalhoub the court addressed the issue of whether the denial of a motion for special appearance of counsel to seek the dismissal of an indictment on the ground that the defendant is a fugitive from justice is an immediately appealable collateral order. If not then the…

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An attorney’s seven-minute absence from the trial did not violate the client’s Sixth Amendment.

  A three-judge panel was reversed in U.S. v Roy by the En Banc court and the defendant’s conviction in federal court in Miami was reinstated for reasons explained below.   Here is what happened at the trial. Roy was charged in a five-count indictment with sext crimes related to minor girls. Count one…

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Force used by deputy in arresting Plaintiff was excessive in view of the circumstances of the arrest

  In Stephens v. DeGiovanni, the Plaintiff Stephens filed a lawsuit against Deputy DeGiovanni of the Broward County Sheriff’s Office arising out of his arrest. Two of his claims raised in this appeal for false seizure (arrest) and excessive force pursuant to 42 U.S.C. §1983. In this appeal to the…

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Police officer’s stop of a driver for a partially obscure license plate upheld following fourth amendment challenge

McCullough was arrested and convicted for marijuana distribution. His conviction was affirmed by the Eleventh Circuit Court of Appeals in United States v. McCullough. This is how the facts unfold. He was initially pulled over by an Alabama police officer for driving with a partially obscure license plate. While the numbers on…

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No fourth amendment violation where a traffic stop did not exceed the time needed to handle the matter for which the stop was made

  In U.S. v Vargas the defendant was charged with conspiracy to possess with intent to distribute and possession of cocaine after Alabama law enforcement officers discovered cocaine and methamphetamine in Vargas’ vehicle. Vargas filed a motion to suppress on the grounds that Vargas’ traffic stop that led to the…

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