In U.S. v. Bellaizac-Hertado, the Eleventh Circuit held the Maritime Drug Law Enforcement Act was unconstitutional as applied to a boat found in Panamanian waters. While patrolling in waters of Panama, a Coast Guard boat observed a fishing vessel operating without lights a without a flag. It informed the Panamanian…
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. Dortch the Defendant was charged in federal court in Florida with the federal crimes of possession with intent to distribute marijuana and carrying and possessing a firearm in furtherance of a drug offense after a search warrant executed at the defendant’s house turned up traces of drugs…
The Defendant in U.S. v. Dortch was charged in federal court with possession with intent to distribute marijuana and carrying and possessing a firearm in furtherance of a federal criminal drug offense after a search warrant executed at the defendant’s house turned up traces of drugs and tools related to…
Charges were brought against the defendant in U.S. v. Mathurin for various armed robberies in Miami-County, but he was initially charged by information as a juvenile under the Juvenile Justice and Delinquency Act. After the defendant waived his rights not to be prosecuted as an adult, the defendant and the…
In U.S. v. Broughton, the defendants were charged in one count with conspiracy to commit mail fraud, wire fraud, and insurance fraud and in a second count with money laundering. The fraud conspiracy was a scheme to create fraudulent capitalization for insurance companies. State and federal law requires that companies…
In U.S. v. Liberse, the defendant pled guilty to conspiracy to distribute 50 grams or more of crack cocaine in 2006. At the time of his offense, his guideline range was 121 to 151 bases on the quantity of crack cocaine. Though the mandatory minimum was 120 months, his sentence…
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. Almedina the defendant was arrested after receiving a package containing 458 grams of heroin that was delivered to him by ICE agents in a controlled delivery. The package had been imported to Miami from Colombia. Almedina cooperated with agents in his federal criminal case and explained that…