Families sometimes call 911 when they worry that a loved one may be driving under the influence, and those calls can trigger immediate police contact. A recent Fourth District Court of Appeal decision, State v. Leiby, shows how quickly a welfare check encounter can turn into a full DUI investigation,…
Tampa Criminal Lawyer Blog
Florida Court Allows Vehicle Search without Miranda Warnings
Blue lights pop on in your rearview, you pull over for an expired tag, and a simple “Any weapons in the car?” turns into a search, handcuffs, and a ride you never planned. If that sounds familiar, you are not alone. A recent Miami-Dade appellate ruling explains how those quick…
Geofence Warrants: What Your Phone Reveals and How to Prevent Bad Evidence from Coming In
Your smartphone tracks location, searches, and app activity. Police know that. Prosecutors ask judges for “geofence” or “reverse keyword” warrants to sweep up data from every device near a crime scene or tied to a search phrase. If officers linked you to a case using this dragnet, you need to…
When Police Push for a Confession in a Florida Sex Offense Case
The Mayberry Law Firm defends people accused of serious felonies across Florida, and that includes fights over statements you allegedly made to police. In Janssen v. State, Florida’s First District Court of Appeal affirmed a conviction after finding that the Miranda waiver and confession were voluntary. If officers questioned you,…
Florida Case Update Constructive Possession After a Traffic Stop in Pasco County
The Mayberry Law Firm defends people accused of drug crimes and other felonies across Tampa Bay, and you deserve a clear read on what recent decisions mean for your case. A new opinion from Florida’s Second District shows how prosecutors use a traffic stop, a K-9 alert, and your own…
Florida Court Affirms Drug Conviction Implicating the Constructive Possession Doctrine
The Mayberry Law Firm knows that one moment behind the wheel can change everything. In Baker v. State, No. 1D2024-0407 (Fla. 1st DCA Apr. 2, 2025), the appellate court upheld convictions for three counts of drug possession after officers found narcotics in a car Baker was driving. The ruling…
FL Court Holds the Odor of Fresh Cannabis in a High-Crime Orlando Area Gave Police Probable Cause to Search Car
You pull into an Orlando gas station. Police watch you chat with a friend, grab something from your car, and head inside. They flag your window tint, stop you down the street, and ask you to roll down a window. The moment you crack the door an officer claims he…
Florida Court Affirms Drug Convictions Stemming from a Traffic Stop
The Mayberry Law Firm knows that one moment behind the wheel can change everything. In Baker v. State, No. 1D2024-0407 (Fla. 1st DCA Apr. 2, 2025), the appellate court upheld convictions for three counts of drug possession after officers found narcotics in a car Baker was driving. The ruling offers…
How Prosecutors Can Get Away with Breaking the Rules by Claiming “Harmless Error”
The rules of evidence are vital to ensuring a fair and just criminal justice system. In Florida, these rules aim to encourage honest testimony and prevent misleading or unfair uses of evidence, particularly in criminal cases where the stakes are high. Among these rules is the prohibition against hearsay, which…
Florida Appellate Court Weighs in on Motion to Suppress in Recent Marijuana Case
In Florida, criminal cases often hinge on whether evidence collected by law enforcement can be used in court. A key tool for defense attorneys is the motion to suppress, which aims to have evidence thrown out because it was obtained illegally. While a successful motion to suppress can be a…