Z Law Firm

The Fourth Amendment is still alive.   In a unanimous decision (9 – 0 for those of you keeping score), the United States Supreme Court held that law enforcement may not search the cell phones of criminal suspects upon arrest without a warrant.   The justices said smart phones and other electronic devices were not in the same category as wallets, briefcases, and vehicles -- all currently subject to limited initial examination by law enforcement. The issue arose following the arrests and subsequent conviction of defendants in Massachusetts and California.   In these cases, United States v. Wurie , No. 13-212 and Riley v. California , No. 13-132, the defendants were convicted, in part, after phone numbers, text messages, photos and addresses obtained from personal electronic devices linked them to drug and gang activity.   Those cases were appealed to the high court, giving it an opportunity to re-enter the public debate over the limits of privacy rights, with...

The issue of whether you can be charged with both misdemeanor driving while license suspended in violation of section 322.34(2) and felony driving while license suspended in violation of section 322.34(5).  This issue was addressed in Pedro Gil v. State of Florida, No. SC11-1983 (July 11, 2013).   On October 6, 2009, Pedro Gil was stopped in Miami-Dade County for speeding. Gil informed the officer that his driver’s license was suspended, and Gil was then arrested. For purposes of this case, the arrest report listed the following charges: driving with a suspended license (DWLS), in violation of section 322.34.   On October 27, 2009, Gil pled nolo contendere to the misdemeanor DWLS charge in a county court and was adjudged guilty of this charge. Gil was sentenced to six months’ probation and two hundred hours of community service, plus the payment of $358. On the same day, the State Attorney for the Eleventh Judicial Circuit filed an information that charged Gil with ...