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February 2017 Archives

Why is the Jacksonville Sheriff's Department Union fighting the use of body cams for its officers?

Answer:  I suspect it's because the rank and file cops don't want the public to see how they make arrests, car stops and the like.  Many citizens complain that the police treat them rudely and act like bullies, especially when making an arrest. I have had clients complain of illegal car and home searches when the police suspect criminal activity - but then it comes down to the cop's word versus the suspect's word.  And the Courts often side with the cop.  Wouldn't it be beneficial for all to have an unbiased video and audio recording of all police encounters?  

If I'm smoking weed in my driveway, can the police come into my home and search it?

Answer: No, they cannot. And if they do, and find contraband (like a gun), the court will throw it out. Chris Marcus and his friends were having a party inside and outside of his open garage/rec room.  The police responded to a noise disturbance and saw Marcus smoking a joint in his driveway.  When he saw the cops, Marcus walked back inside his garage/rec room.  The police ran into his garage, tackled him and removed a gun from his waistband.  He was convicted of being a felon in possession of a firearm. 

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