Blog Posts in May, 2011
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Posted on May 31, 2011 By Eric Matheny
This could be dangerous... In California, it is legal for police to search an arrestee's cell phone without a warrant -- ever since a January decision by the California Supreme Court. The 4th ...
Continue reading "More Courts Allowing Warrantless Searches of Cell Phones" »
Posted on May 30, 2011 By Eric Matheny
Memorial Day Weekend is a time for celebration, but it is also a time of increased police activity. In South Florida during Memorial Day Weekend, law enforcement is out looking to make arrests. ...
Continue reading "Memorial Day Weekend 2011 Arrests" »
Posted on May 29, 2011 By Eric Matheny
Burglary can be occupied or unoccupied. Occupied burglaries mean that a person is home or inside of the car while a burglary is taking place. While burglary of an unoccupied dwelling and burglary of ...
Continue reading "Occupied Burglary" »
Posted on May 28, 2011 By Eric Matheny
The Miami Herald reports that the Florida Supreme Court tossed out a kidnapping conviction for a Hialeah man who stole a truck with a 2-year-old sleeping in the back seat. The Court, in a split ...
Continue reading "Florida Supreme Court Throws Out Kidnapping Conviction" »
Posted on May 27, 2011 By Eric Matheny
More often than not, police officers make marijuana possession arrests on the road. A typical scenario involves an officer pulling you over, detecting a "smell of marijuana," and subsequently ...
Continue reading "The "Smell of Marijuana" And Police Searches" »
Posted on May 26, 2011 By Eric Matheny
I hate mandatory minimum sentencing. Even when I was a prosecutor, I hated it. I hate it because it takes away the discretion of our judiciary. I hate it because it often forces prosecutors to take ...
Continue reading "Why I Hate Mandatory Minimum Sentencing" »
Posted on May 25, 2011 By Eric Matheny
A Florida Keys man was arrested for attacking his roommate with a machete during an altercation, according to NBC Miami. The accused man faces attempted murder charges. Allegedly, the accused and the ...
Continue reading "Florida Keys Man Arrested for Attacking Roommate" »
Posted on May 24, 2011 By Eric Matheny
NBC Miami reports that a Palm Beach man, allegedly upset over a Facebook account, took out his anger physically on his 86-year-old grandmother. The accused, a 26-year old man, was arrested Monday on ...
Continue reading "Palm Beach Man Accused of Battery on Grandmother" »
Posted on May 23, 2011 By Eric Matheny
As a follow-up to yesterday's blog entry regarding the homeowner who shot an intruder in Miami Shores, there was an interesting article posted on www.local10.com this afternoon. The 19-year old ...
Continue reading "Girlfriend of Alleged Robber Killed By Homeowner Charged With Felony Murder" »
Posted on May 22, 2011 By Eric Matheny
For those of you who regularly read this blog, you know that I am a firm advocate of the 2nd Amendment. I am a member of the National Rifle Association, a concealed weapon permit holder, and an ...
Continue reading "Robber Shot And Killed By Homeowner" »
Posted on May 21, 2011 By Eric Matheny
Leaving the scene of an accident (LSA) is a common criminal traffic offense in Florida. It can either be a misdemeanor or felony, depending on the level of injury. LSA involving death or injury is ...
Continue reading "Florida's Leaving The Scene of An Accident (LSA) Statute" »
Posted on May 20, 2011 By Eric Matheny
Local 10 reports that Miami-Dade firefighters who were called to a house fire in southwest Miami-Dade County discovered 21 marijuana plants in the back of the home, leading them to believe that it ...
Continue reading "Miami-Dade Firefighters Discover Marijuana Grow House" »
Posted on May 19, 2011 By Eric Matheny
You may have heard about "Back On Track;" a new diversion-like program in Miami-Dade County for those accused of their first DUI. Similar programs have been implemented in other Florida counties. In ...
Continue reading "Miami-Dade Launches Diversion Program for First DUIs" »
Posted on May 18, 2011 By Eric Matheny
The Miami Herald is reporting on a love triangle with a violent twist. Supposedly, a 20-year old Miami woman ran over her ex-boyfriend and his new girlfriend with her car. Miami police have arrested ...
Continue reading "Miami Woman Allegedly Runs Over Ex-Boyfriend and New Girlfriend With Car" »
Posted on May 17, 2011 By Eric Matheny
Today's Miami Herald features an editorial that sums up why South Florida has become a popular destination for out-of-state visitors seeking oxycodone. In South Florida there are approximately 183 ...
Continue reading "South Florida Has Become Popular Destination for Oxycodone Users" »
Posted on May 16, 2011 By Eric Matheny
Florida law provides enhancements (or increased penalties) for the wearing of a mask during the commission of a criminal offense. The legislative intent behind this is to punish more harshly those who ...
Continue reading "Criminal Enhancement For Wearing of Mask During Offense" »
Posted on May 15, 2011 By Eric Matheny
A deputy at one of Broward County's jail facilities faces four charges of introducing contraband into a jail facility, among other charges, after she is accused of smuggling contraband into the jail ...
Continue reading "Broward Sheriff's Deputy Accused of Smuggling Contraband to Inmate" »
Posted on May 14, 2011 By Eric Matheny
In a highly-publicized case, jurors deliberated for just over two hours Friday before finding a 28-year old Palm Beach woman guilty of conspiracy to commit first-degree murder. The trial, which was ...
Continue reading "Palm Beach Woman Found Guilty of Conspiracy to Commit First-Degree Murder" »
Posted on May 13, 2011 By Eric Matheny
According to Local 10, hundreds of cars have been broken into and dozens more have been stolen at Tropical Park in Miami-Dade County. Police state that within the last six months, approximately 364 ...
Continue reading "Hundreds of Cars Burglarized at Miami-Dade Park" »
Posted on May 12, 2011 By Eric Matheny
NBC Miami reports that a veteran Miami-Dade police officer was arrested this past week for allegedly obtaining illegal prescriptions for medications. He has been charged with trafficking in oxycodone. ...
Continue reading "Miami-Dade Police Officer Arrested for Oxycodone Trafficking" »
Posted on May 11, 2011 By Eric Matheny
According to Local 10, two people were taken into custody Wednesday morning after a break-in at a Miami Gardens home. Miami Gardens police said the incident occurred at about 9:30 a.m. at a home near ...
Continue reading "Miami Gardens Woman Shoots At Alleged Burglars" »
Posted on May 10, 2011 By Eric Matheny
The Sun-Sentinel reports that A Tamarac woman is accused of exposing her breasts in an area where children were present. The accused, a 35-year old woman, was arrested Monday morning in Pompano Beach ...
Continue reading "Broward Woman Accused of Exposing Herself to Children" »
Posted on May 9, 2011 By Eric Matheny
In Florida, aggravated battery is a second-degree felony punishable by a maximum of 15 years in prison. Florida law defines aggravated battery as: (1)(a) A person commits aggravated battery who, in ...
Continue reading "Aggravated Battery With A Deadly Weapon" »
Posted on May 8, 2011 By Eric Matheny
A woman charged with attempted murder in the stabbing of her 12-year-old son was denied bond Saturday morning. The accused, a 45-year old Lake Worth mother, was emotional as the judge ordered her to ...
Continue reading "Palm Beach Mother Held Without Bond in Attempted Murder of Son" »
Posted on May 7, 2011 By Eric Matheny
Local 10 reports that an 80-year old Miami man has been charged with first-degree murder after his wife was found fatally shot Thursday in an alleyway in Little Havana. The alleged victim was 81. ...
Continue reading "80-Year Old Miami Man Accused of First Degree Murder" »
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