Miami Juvenile Obtains a Reversal from the Appellate Court Under the “Plain View” Doctrine

In Aventura, Florida, located in Miami-Dade County, a juvenile was apprehended at 21150 Point Place for possession of drug paraphernalia. While he and his girlfriend were asleep on the floor, the police officer saw a multicolored pipe sticking out of his backpack.  The officer approached the couple and picked up the pipe. As soon as the officer walked up to the juvenile, the juvenile stated that the pipe was his.

The Miami criminal defense attorney argued that the police failed to present sufficient evidence that they knew the pipe was drug related. Instead, they argued that there were legitimate non drug related reasons to possess a pipe and that the police officer jumped to a conclusion.

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Miami Criminal Defense Attorneys Attend Immigration Seminar on the Far Reaching Consequences of the Supreme Court’s Ruling in Padilla on Convictions That Could Lead to Deportation

In North Miami at St. Rose of Lima Parish Auditorium Criminal Defense Attorneys and Immigration Lawyers gathered together to discuss the present changing state of the law based upon the Supreme Court’s Ruling in the Padilla case. The Catholic Charities Legal Services assembled an all star cast of criminal and immigration attorneys to bring their collective wisdom to bear on what is a developing area of practice.

As we recently reported, the Padilla decision may have reset the clock for aliens who took pleas without proper advice of the immigration consequences. Many of these individuals have already moved to set aside their pleas and have lost under the Peart/Green standard. However, now that the standard has changed, there’s a fair argument that the two year window to allege ineffective assistance of counsel has also been reset.

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Criminal Prosecutors can Obtain Evidence of Cyber Crime From Internet Service Providers

At the Miami Dade County State Attorney’s Office, Computer Crimes Prosecutors are trained in obtaining evidence from internet service providers such as AOL and e-mail providers such as Yahoo and Gmail. The Patriot Act and the Electronic Communications Privacy Act allow law enforcement to obtain copies of e-mails that are stored on an e-mail provider’s servers with a court order depending on how long they are stored there.

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In Miami, Police can use the Criminal Loitering and Prowling Statute as a Pretext to Search People

No United States citizen, suspected of criminal wrongdoing can be searched without a warrant unless one of the specific exceptions can be found. One of those exceptions is a search incident to arrest. When a criminal suspect is placed under arrest a police officer is allowed to conduct a warrantless search of the suspect’s person and the area within reach of the defendant. This is ostensibly to give law enforcement the opportunity to find any weapons that might pose a danger to the officer.

Therefore, if an officer has a suspicion that someone might be carrying drugs, guns or some other form of contraband, one course of action is to find some crime that the suspect can be arrested for.

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Miami couple facing federal charges for alleged Ponzi scheme involving South Florida real estate

A Miami couple was accused last week by the Securities and Exchange Commission of running a real estate Ponzi scheme in South Florida— the latest high-profile arrest in South Florida’s battle against real estate fraud.

The SEC accuses the couple of operating a $135 million Ponzi scheme through a real estate investment scam that defrauded hundreds of people, mostly elderly Cuban-Americans in the Miami area, according to the Fort Myers News-Press.

The complaint filed Wednesday in Miami federal court claims the 71-year-old Miami resident and his 73-year-old wife promised unusually high returns (ranging from 9 to 16 percent) on investments in their Royal West Properties Inc.

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