Video FAQs

4th Amendment

Video answers from attorney Michael A. Haber: 4th Amendment.

55 videos · page 1 of 2

  • Thanks for asking me “What is Chain of Custody?” The formal definition of #ChainOfCustody is “the chronological documentation or paper tr...

  • Thanks for asking “If I win a Motion to Suppress is the case Dismissed?” A #MotionToSuppress is a Defense request for a #PretrialEvidenti...

  • Thanks for asking me “What happens during a Motion to Suppress?” A #MotionToSuppress is a case specific, custom tailored request for a #P...

  • Thanks for asking me “What is a Motion to Suppress?” The textbook answer is that a #MotionToSuppress is a written pleading that’s prepare...

  • Thanks for asking me “What happens if my Search was Illegal?” Please, pretty please even, start with this premise: There’s a time, a plac...

  • Thanks for asking me “What’s the difference between a “Search” and a “Pat Down”?” A #PatDown is a “lesser included” #Search (in other wor...

  • Thanks for asking me “How do I challenge a Warrant?” This is a complicated question as we’ve first gotta identify what kind of #Warrant w...

  • Thanks for asking me “When will my Warrant Expire?” This could easily be #HaberPA’s shortest VideoFAQ. The simple answer is that #Warrant...

  • Thanks for asking me “How do I get a Warrant Set-Aside?” There are precious few #UniversalTruths in this world. For instance, the Sun ris...

  • Thanks for asking me “What should I do if I have a Warrant?” Depending upon “the why” of your #Warrant, there may or may not be anything...

  • Thanks for asking me “How do I know if I have a Warrant?” Let’s start with this: If you’re being investigated by the government, be it St...

  • Thanks for asking me “What are the exceptions to the Warrant Requirement”? I can answer this with a little help from #JulesWinnfield, #Sa...

  • Thanks for asking “Are there any exceptions to the “Warrant Requirement”? Yes, there are plenty. #The4thAmendment itself delineates 3 abs...

  • Thanks for asking me “Are there different types of Warrants?” Yes, there most definitely are different types of #Warrants, but before we...

  • Thanks for asking me “What is the 4th Amendment “Warrant Requirement”?” Before I can answer that question it’s important to understand wh...

  • #Confessions don’t come easy to #CriminalDefenseLawyers but I’m an admitted history geek, so please accept my special thanks for asking m...

  • Thanks for asking me “Can I get pulled over without probable cause and get charged with DWLS?” Yes. With today’s technology this is incre...

  • Can I carry a knife / switchblade without a permit in FL? Thanks for asking “Can I carry a knife / switchblade without a permit in FL"? I...

  • Can I have a CWP with a Medical Marijuana Rx? The answer to this question is yes. There’s no inherent conflict between the two licenses....

  • How does the State Prove that I was DUI on Marijuana? Because there’s no “breath test” for controlled substances, unless the State has a...

  • Can I drive if I have a medical marijuana Rx? Apart from treating whatever condition you have, the beauty of a medical marijuana Rx in FL...

  • Can I use Rx Marijuana while on Probation in FL? Under FS 948.03(L)(1) anyone who’s on probation in FL is subject to random urinalysis at...

  • If I have a Marijuana Rx can I possess a Vape Pen in FL? Out of the gate let’s all be certain that today - recreational possession, use,...

  • Is my Medical Marijuana Rx a Defense to a Possession Charge? Out of the gate let’s all be certain that today - recreational possession, u...

  • Is Possession of a THC Vape Pen Cartridge a Felony? There’s a big difference between marijuana and marijuana resins. Marijuana is a plant...

  • Is it illegal to sell Fake Drugs in FL? Believe it or not, in FL it IS a crime to sell fake drugs. It’s not a crime to offer to sell fake...

  • What if my positive “Field Test” is False? A field test for drugs is a chemical test that’s performed by a cop, in the moment, during an...

  • Who should I call if I get Arrested? My naturally sarcastic response has to be “Ghostbusters”, but my lawyerly advise is... “it depends”....

  • What happens after I get Arrested in FL? Buckle up: Because here comes criminal procedure in 60 seconds... An arrest is a seizure of your...

  • Thank you for asking me “Can I be arrested with only circumstantial evidence?” Yes.......... Well that was a quick Webisode 🙂 In order...

  • Thank you for asking me “What is Circumstantial Evidence?” Direct evidence is something, or someone, that supports the truth of an assert...

  • Thank you for asking me “What is Tampering with Evidence”? In Florida Tampering with physical evidence is a 3rd degree felony, punishable...

  • Thank you for asking me “Can I erase my Social Media after I’ve been Arrested”? So you’re driving home from a night of partying with frie...

  • Thank you for asking me “Can I avoid charges if I wipe my hard drive or destroy my cell phone”? Let’s say that you’re worried about your...

  • Thank you for asking me “Can my web browser history be used against me”? Noting that I am a technological-T-Rex, it doesn’t take either a...

  • Thank you for asking me “Can my messages, texts or photos be used against me as evidence”? Assuming they were lawfully acquired then yes,...

  • Thank you for asking me “How can my Social Media be used against me as Evidence”? Real easily. That’s the answer. Your social media can b...

  • Thank you for asking me “How can my computer be used against me as Evidence”? First off, you should know that your computer is a potentia...

  • Thank you for asking me “How can a Cop search my Cell Phone”? The United States Supreme Court has ruled that for 4th Amendment Search and...

  • Thank you for asking me “Do I have to Unlock or give Police my phone’s pass code”? Hell - No. For the same reasons that you don’t have to...

  • Thank you for asking me “How can my smart phone be used against me as Evidence”? First off, you should know that your cell phone is a pot...

  • Thank you for asking me “What is Electronic Evidence”? Evidence comes in many forms and can be categorized in many ways. For instance evi...

  • Thank you for asking me “What is Proof “Beyond a Reasonable Doubt””? This, is an excellent question. The textbook definition of reasonabl...

  • Thank you for asking me “Can a Cop Search my Car even if I say NO?” Can they? Yes. On the roadside a cop…

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  • 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…

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  • Thank you for asking me “What is a Terry Stop?” Terry Stops are also known as “Stop and Frisks”... and in FL they are…

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  • 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…

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  • Thank you for asking me “What is a Field Interrogation?” Field interrogation refers to the common practice of asking questions of citizens who are…

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  • Thank you for asking me “What are the “Fruits of the Poisonous Tree”?” The “fruit of the poisonous tree” is a legal doctrine which…

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  • Thank you for asking me “What is a Motion to Suppress Evidence?” A motion to suppress is a formal, written request that a judge…

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Have a question that is not answered here? Send me your question or call 1-888-SHARK-8-1.