RIGHT TO POSSESS FIREARMS (BRUEN)
SUMMARY: Determining whether a person has a constitutional right to carry a firearm is a two-step test. First, are they protected under the plain reading of the second amendment, which gives U.S. citizens the right to bear arms (including firearms). If the Defendant is protected under the second amendment, then possessing a firearm is presumed to be constitutionally protected. We then move to the second step to determine if there is a historic tradition prohibiting the person from possessing a firearm.
ENTRAPMENT BY ESTOPPEL (FEDERAL FIREARMS DEALER)
SUMMARY: Under the doctrine of entrapment by estoppel, a defendant who was told by a federally licensed firearms dealer that he could purchase firearms despite his prior conviction of felonious possession of a machine gun after the charge had been reduced to a misdemeanor could not be prosecuted for the federal firearms offense.
COLLATERAL CONSEQUENCES
SUMMARY: Collateral consequences are the unintended consequences of a judgment. When dealing with felony cases the collateral consequences can devestate a person's ability to function in society. This is what Judge Block refes to a "Civil Death". Collateral consequences are not considered to be punishment, but should be considered when sentencing the Defendant. A felony conviction can ruin a persons life who has otherwised lived a lawful life full of good deeds.
NO RATIONAL BASIS FOR DUCPLICATIVE REPORTING REQUIREMENT FOR SEX OFFENDERS
SUMMARY: Florida law currently requires sex offenders to register their address with the sheriff’s office and the Department of Motor Vehicles (DMV). The justification for making people convicted of certain sex offenses is for the State to keep track of them. However, there is no rational basis to require sex offenders to register twice, once with the DMV and once with the sheriff’s office.
COERCED CONFESSIONS: STATEMENTS MADE IN EXCHANGE FOR A PROMISE
SUMMARY: If law enforcement makes a promise in exchange for a statement, no matter how slight the promise, is sufficient alone to render the statement involuntary.
MUST WARN DEFENDANT OF ADVERSE CONSEQUENCES OF A REFUSAL
SUMMARY: The refusal to perform investitive testing such as the FSEs is admissible to show the consciousness of the Defendant’s guilt only if the Defendant was informed of at least one adverse consequence that would result from his refusal to perform the FSEs.
REQUEST FOR FSE JURY INSTRUCTION
SUMMARY: Field sobriety exercises (FSEs) are often mistaken as tests, because they are compelled and administered by law enforcement to the Defendant. For this reason, the Defendant would request a special jury instruction clarifying that FSEs are not tests, they are limited to lay observations, and are not subject to not expert testimony.
SUPPRESSING STATEMENTS BASED ON A MIRANDA VIOLATION
SUMMARY: If a defendant is in custody, and is being questioned or law enforcement makes statements to him to elicit an incriminating response, then those statements should be suppressed as a violation of the defendant's right against self incrimination.
LEGAL CAUSE TO REQUEST FSE
SUMMARY: Whether there is cause to detain a person for a DUI must be based on objective facts and circumstances observed by the officer at the time and place of the investigation. It is also clear odor of alcohol is not sufficient for an officer to order field sobriety exercises, but there must be additional indicators of impairment such as...
CONSTITUTIONAL SPEEDY TRIAL
SUMMARY: Whether a Defendant's constitutional speedy trial rights have been violated is determined by the following 4 prong balancing test: 1) the length of the delay; (2) the reason for the delay; (3) whether the defendant has timely asserted his rights; and (4) the existence of actual prejudice as a result of the delay.
TRANSITORY POSSESSION
SUMMARY: If a Defendant innocently comes into possession of contraband they should be given a opportunity to take reasonable steps to lawfully dispose of it.
