A major Florida court has ruled that a drug not recognized by name in Florida’s law prohibiting possession of substitute cathinones (bath salts) is still illegal and subject to the same criminal penalties as other controlled substances recognized by name under the statute. This article will discuss the Fourth District Court of Appeal’s Jackson v. State ruling, and what it …

A major Florida court recently answered a common question – can a K-9 (police dog) sniff of a vehicle that alerts an investigating officer to the potential presence of drugs serve as probable cause for a search? The Fifth District Court of Appeal says no. This article will discuss the Fifth DCA’s Ford v. State ruling and what it means …

If someone is charged with lewd or lascivious molestation via “enticing” a victim to touch them in an unlawful manner, does this require the victim to have actually touched that person, or does it simply require “enticing” them to do so? This article will explore a recent Florida court ruling that lewd or lascivious molestation requires actual physical touching of …

A popular legal question in Florida is whether the scent of marijuana alone can serve as probable cause for a police officer to search a vehicle. As Florida has already legalized hemp, the scent of which is indistinguishable from fresh marijuana, some courts have ruled the scent of marijuana alone cannot serve as probable cause for a vehicle search. Baxter …

In Florida, current law dictates that a jury be impaneled in both felony and misdemeanor cases with only six jurors selected. Florida is one of only a few states that still relies upon six-person juries in all criminal cases, with the exception of capital felonies, which require twelve jurors to be seated.  But many jurists and attorneys – including justices …

In April, the Florida Supreme Court ruled that a proposed ballot amendment which would legalize marijuana use across the states would face a vote in the 2024 election. This means voters in Florida will have the chance to legalize the possession of up to 3 grams of marijuana for those over the age of 21. The amendment needs 60 percent …

We’ve previously covered the Smart & Safe initiative to let Florida voters decide if marijuana should be legalized recreationally in the state. The Florida Supreme Court has given response to the challenge made by the Attorney General over the ballot’s language. Despite Ashley Moody claiming that the legalization initiative would confuse voters, the Supreme Court disagreed. In a 5-2 ruling, …

Law enforcement agencies across the United States aim to protect citizens and prevent violence along with the increase of drug use and drug distribution. To help with this, the Federal government has created certain programs and entities to assist with local and state agencies. One of these programs exists in Northern Florida, frequently aiding police with the investigation and apprehension …

There are multiple reasons why a judge may allow a resentencing phase for a criminal case. This can include the prosecutor initiating resentencing, new evidence or legal developments, or changes in sentencing laws. One Florida inmate, however, is attempting to request a resentencing of his death penalty case based on a promise made to the victim’s mother. This page will …