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Sixth District Court of Appeal Limits Officers’ Authority to Investigate DUI Offenses

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

Florida Supreme Court Affirms Officers’ Authority to Order a Driver out of a Vehicle During a Traffic Stop for Officer Safety

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

Florida Develops Comprehensive Plan to Address  Camping and Sleeping on Public Property

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

Florida Supreme Court Provides Dispositive Guidance on Marsy’s Law: The Identities of Crime Victims Are Not Protected From...

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

First DCA Permits Law Enforcement Agencies to Prohibit Sworn Officers from Using Medical Marijuana

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

Eleventh Circuit Clarifies the Standard for the Abrogation of Government Officials’ Entitlement to Sovereign Immunity

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

A Miranda Procedural Violation Does Not Necessarily Create a Civil Cause of Action for a Violation of the Fifth Amendment

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

Florida’s Limited Waiver of Sovereign Immunity Requires Proof that Pre-Suit Statutory Notice of Claim Actually be Received within...

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

United States Supreme Court Affirms Officers’ Entitlement to Qualified Immunity

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

Supreme Court Rejects Community Caretaking Doctrine to Authorize Warrantless Search of Home to Seize Firearms

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

It’s No Joke: First DCA Upholds Statutory Fines Against Individual Officials for Violations of Florida Firearms Preemption

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

On-Duty Law Enforcement Officers are Entitled to Invoke Marsy’s Law Victim Confidentiality

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

A Seizure by Any Other Name: US Supreme Court Affirms Centuries Old Rule Regarding the Use of Force and the Seizure of Criminal...

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

Qualified Immunity: The Commonly Misunderstood Defense and Opponents’ Efforts to Expose Law Enforcement Officers to Financial Ruin

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

Florida Governor’s Executive Order 20-91: Florida is Closed, Violators are Subject to Custodial Arrest

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

The People Have Spoken: Marsy's Law and its Impact on Law Enforcement Agencies

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

Back to the Basics: Cost Effective Strategies for the Reduction of Law Enforcement Liability

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 Marjory Stoneman Douglas High School Public Safety Act: Fundamental Changes To Florida's Gun Laws

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

Mental Health, Baker Act, and Firearms: What's an Agency to Do?

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

United States Supreme Court Upholds Constitutionality of Criminal Breath Test Refusal Statutes

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

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