Posts Tagged ‘4th Amendment’
Get a FREE Copy of the US Constitution ~ HaberPA / Michael A Haber Miami Criminal Defense DUI Lawyer
HaberPA / Michael A. Haber, Esq. is giving away free copes if the U.S. Constitution. To get yours: 1) Just go to HaberPA’s VideoFAQ / YouTube Channel (MichaelHaberLaw) @ www.youtube.com/c/michaelhaberlaw 2) Subscribe 3) Like this video 4) Send us a…
Read More195) Can a Cop Search my Car if I say NO? ~ Michael A Haber Miami Criminal Defense DUI Lawyer
Thank you for asking me “Can a Cop Search my Car even if I say NO?” Can they? Yes. On the roadside a cop “can” do pretty much whatever s/he wants. Whether or not the search is lawful is another…
Read MoreDoes the 4 Amendment Apply to me on the Water? (92) Michael A Haber Miami Criminal Lawyer
Does the 4 Amendment Apply to me on the Water? The Fourth Amendment to the U.S. Constitution is the part of the Bill of Rights which guards against unreasonable searches and seizures. It was written almost 250 years ago in…
Read MoreWhat is a Terry Stop / Stop and Frisk? (69) Michael A Haber Esq Miami Criminal Lawyer
Thank you for asking me “What is a Terry Stop?” Terry Stops are also known as “Stop and Frisks”… and in FL they are codified in FS 901.151, FL’s Stop & Frisk Law. In a nutshell this procedure give cops…
Read MoreExclusionary Rule and how Cops sidestep? (68) Michael A Haber Miami Miami Criminal Lawyer
Thank you for asking “What is the Exclusionary Rule and how can the Cops sidestep it?” The Exclusionary Rule is a court-created remedy and deterrent; it is not a constitutional right. The purpose of the Exclusionary Rule is 2fold: 1)…
Read MoreEntrapped in a Prostitution Sting? Michael A Haber Esq Miami Criminal Defense Lawyer
Thank you for asking “Was I Entrapped in a Prostitution Sting”? So you’re a guy driving down the street and you see a sexy woman wearing a skimpy outfit standing on the curb. She seems to be flagging you down…
Read Morewhat is entrapment – Michael A Haber Esq Miami Criminal Defense Lawyer
Thank you for asking me “What is Entrapment?” Entrapment is an affirmative defense to a criminal charge. It essentially says: Yes I did it, but the intent to do it was not my own and instead it was unlawfully created…
Read More70) What is a Field Interrogation? ~ Michael A Haber Esq Miami Criminal Defense Lawyer
Thank you for asking me “What is a Field Interrogation?” Field interrogation refers to the common practice of asking questions of citizens who are suspected of some potential wrongdoing but who are not under arrest (and who are therefore not…
Read More67) What are the Fruits of the Poisonous Tree? ~ Michael A Haber Miami Criminal Lawyer
Thank you for asking me “What are the “Fruits of the Poisonous Tree”?” The “fruit of the poisonous tree” is a legal doctrine which excludes what would otherwise be admissible evidence except that the evdience was attained because of a…
Read More66) What is a Motion to Suppress Evidence? ~ Michael A Haber Miami Criminal Lawyer
Thank you for asking me “What is a Motion to Suppress Evidence?” A motion to suppress is a formal, written request that a judge enter an order excluding certain evidence from being admitting at trial. Motions to Suppress are based…
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