Articles Posted in Evidentiary Issues

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Many criminal prosecutions in Florida start with something as simple as a routine traffic stop. What might seem like an ordinary interaction with law enforcement can quickly escalate into a much more serious situation based on what is seen or found in the suspect’s vehicle. For instance, an officer might pull someone over for a minor traffic violation, and upon approaching the car, notice something suspicious that leads to further investigation, such as the discovery of drugs or firearms. What begins as a straightforward stop can turn into charges for DUI, drug possession, or even more serious crimes like illegal firearm possession.

One case that illustrates this began with what seemed to be a minor traffic violation. The driver accelerated in front of another vehicle while in a turn-only lane at an intersection. While this may not sound significant, Florida law actually prohibits drivers from cutting in front of traffic from a turn-only lane, which many law-abiding drivers might not even realize. In this case, the driver’s motion to suppress the evidence discovered in his car was initially granted by the trial court, meaning the evidence couldn’t be used against him in court. However, the state appealed, and upon review, the appellate court found that the stop was justified under Florida law, which defines careless driving as any maneuver that might endanger other people or property. This ruling reversed the lower court’s decision, and as a result, the prosecution against the driver will now proceed.

The real issue in cases like this isn’t necessarily the specific law about turning at intersections. The bigger problem is how law enforcement officers often use minor traffic violations as a reason to stop a vehicle, get close to the driver, and look for other signs of illegal activity, such as DUI or drug use. In Florida, officers frequently stop drivers for small infractions that many people may not even be aware of, like improperly changing lanes or forgetting to signal. These stops are then used as opportunities to conduct more extensive investigations. Because of this, it’s important for drivers to be diligent and understand Florida’s traffic laws to avoid giving officers a reason to pull them over. However, even the most careful drivers can still find themselves in situations where they are stopped, sometimes for reasons beyond their control.

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As technology continues to evolve, so do the tools law enforcement agencies use in criminal investigations. One such tool is Automated License Plate Readers (ALPRs), which capture license plate numbers and vehicle movements for various law enforcement purposes. However, the admissibility of ALPR evidence in criminal prosecutions raises important legal questions, as highlighted in a recent judicial opinion.

The 11th Circuit U.S. Court of Appeals recently ruled on a case in which ALPR evidence played a significant role in an attempted murder-for-hire trial. The evidence consisted of reports from online databases showing The defendant’s vehicle traveling at suspicious times and locations in relation to the shooting incident. The defendant raised objections to the admissibility of the ALPR evidence, arguing that its use constituted an unconstitutional warrantless search under the Fourth Amendment. Additionally, she contended that the government should have presented the evidence through an expert witness.

Despite the Defendant’s objections, the district court allowed the ALPR evidence to be introduced at trial. The court ruled that the Defendant did not have a reasonable expectation of privacy regarding her vehicle’s exterior or license plate, which the ALPR system visually captured. Furthermore, the court determined that the evidence did not require expert testimony, as presenting photographs or images of vehicles is akin to other forms of visual evidence commonly admitted at trial.

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