On June 14, 2024, the Sixth DCA limited an officer’s authority to conduct DUI investigations that extend into other jurisdictions, and in doing so, has created a conflict with existing Florida law. In State v. Repple, the...more
The Florida Supreme Court recently affirmed what, until recently, had been long standing law: an officer may order a driver out of the vehicle for officer safety during a routine traffic stop without an individualized...more
In an effort to address homelessness, effective October 1, 2024, the State of Florida implements its comprehensive plan to preempt local ordinances permitting public camping or sleeping, to provide standards for lawful...more
Marsy’s Law was approved by Florida voters in the 2018 general election and amended Article I, Section 16 of the Florida Constitution to provide substantive rights to crime victims. The Amendment provides crime victims the...more
The First District Court of Appeal has upheld the termination of a certified correctional officer who tested positive for marijuana metabolites, but who possessed a medical marijuana card. The ruling clarifies the Florida...more
The Eleventh Circuit Court of Appeals has recently clarified the legal standard necessary to strip government officials of their entitlement to statutory immunity. The ruling clarifies the misunderstanding reflected in...more
8/10/2022
/ Abrogation ,
Appeals ,
Bad Faith ,
Battery ,
Enforcement ,
False Arrest ,
False Imprisonment ,
Government Officials ,
Lack of Jurisdiction ,
Sovereign Immunity ,
Waivers
The United States Supreme Court has recently held that a violation of the Miranda procedure does not necessarily create cause of action for a violation of the Fifth Amendment to the United States Constitution. In reaching...more
Sovereign immunity stands for the long-standing premise that the government cannot be sued without its consent. The immunity applies to the State of Florida and all subdivisions of the state, including counties,...more
Law enforcement critics have launched concerted attacks on the doctrine of qualified immunity in an effort to mischaracterize the doctrine as allowing police officers to escape liability for clearly unconstitutional conduct. ...more
The 21st Century law enforcement officer serves a variety of public service functions, only some of which involve the enforcement of criminal laws. From some of those non-criminal public service roles, the courts have...more
The Florida Legislature has clearly staked out its role in legislating firearms regulations. It remains the sole authority to implement laws regarding firearms regulations, and Florida’s courts have consistently prevented...more
Marsy’s Law was approved by Florida voters in the 2018 general election and amended Article I, Section 16 of the Florida Constitution to provide substantive rights to crime victims. The Amendment provides crime victims the...more
In a divided opinion, the United States Supreme Court recently corrected the Tenth Circuit’s divergence from centuries old law defining what constitutes a seizure by law enforcement for the purposes of Fourth Amendment...more
Recent unrest has thrust the doctrine of qualified immunity into the spotlight. Many of those who oppose law enforcement frequently misrepresent the nature, extent, and intent of this limited immunity. Doing so fosters the...more
The rapid spread of novel coronavirus (COVID 19) throughout Florida has created unprecedented challenges for state and local governments, local businesses, residents, and visitors. Within one month, Florida has transitioned...more
Marsy’s Law was approved by Florida voters in the 2018 general election and amended Article I, Section 16 of the Florida Constitution to provide substantive rights to crime victims....more
1/4/2019
/ Confidential Information ,
Crime Victims ,
Disclosure ,
Florida ,
Law Enforcement ,
New Legislation ,
Parole ,
Policies and Procedures ,
Pretrial Motions ,
Public Records ,
Right to Privacy ,
State and Local Government ,
State Constitutions
Law enforcement risk management programs and related training goals typically concentrate on the traditional high liability areas: firearms and weapons, use of force, driving, arrest techniques, first responder and first aid,...more
The Parkland school shooting has prompted significant changes in Florida’s gun laws involving the mentally ill and those who pose a danger to themselves and others. The passage of the Marjory Stoneman Douglas High School...more
Florida’s law enforcement agencies are frequently presented with calls for service involving individuals threatening others or themselves. When qualifying conditions are met, officers may involuntarily commit those who pose a...more
The United States Supreme Court recently upheld the constitutionality of state statutes providing criminal penalties for the refusal to provide a breath test after an arrest for DUI, but held them unconstitutional when...more
10/3/2016
/ Birchfield v North Dakota ,
Blood Tests ,
Breathalyzer ,
Compelling Governmental Interest ,
Constitutional Challenges ,
Criminal Penalties ,
DUI ,
Fourth Amendment ,
Implied Consent ,
Right to Privacy ,
SCOTUS ,
Search & Seizure ,
Warrantless Searches ,
Williams v State of Florida