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Tag Archives: license plate search
Domestic Violence is a serious criminal offense that occurs frequently in Florida, and the sensitive nature of the offense is sometimes diminished by a misconception that it is often falsely reported. However, the U.S. Department of Justice, Bureau of Justice Statistics considers Domestic Violence to be one of the most chronically underreported crimes, and according to reports it is estimated that 85 % of Domestic Violence victims are women
Domestic Violence is statutorily defined in Florida as “any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member.”
Incidents of Domestic Violence effect Floridians daily, and according to the Florida Coalition Against Domestic Violence, the following Domestic Violence statistics took place between 2010 and 2011 alone:
- 113,378 crimes of domestic violence were reported to Florida law enforcement agencies resulting in 67,810 arrests.
- Florida’s certified domestic violence centers provided 477,489 nights of emergency shelter to 15,789 survivors of domestic violence and their children.
- Advocates created 87,474 tailored safety plans, provided a total of 484,950 hours of outreach and counseling services, and answered 130,393 domestic violence hotline calls from individual seeking emergency services, information, and safety planning assistance.
Domestic Violence continues to be a growing problem that effects all genders, all races, and all ages. Additionally, the effect on children who witness incidents of Domestic Violence is extensive; and families must be made aware of the trauma, and life altering consequences that can occur due to exposure to Domestic Violence.
Traffic violations in Florida contribute to a large amount of police encounters; and many times these encounters lead to arrests for more serious violations after the driver’s car is searched. It is important to know about your rights and protections while driving, and to be aware of what actions police are legally allowed to employ.
Constitutional Rights protect drivers from illegal searches and seizures. However, police are allowed to conduct a search of a vehicle without a warrant under certain circumstances. These circumstances include:
- Consent to Search: A driver’s consent for an officer to search the vehicle operates as a waiver of constitutional rights under the 4th amendment protection against illegal searches and seizures. Additionally, any incriminating evidence obtained from the search can be used against the driver.
- Plain View Rule: A police officer is authorized to search a vehicle if within the officer’s plain view there is any illegal substance or contraband visible.
- Exigent Circumstances: A police officer is allowed to search a vehicle if in their discretion they reasonably believe that an immediate search is necessary to prevent harm or serious damage, or they believe that evidence of a crime is in danger of being destroyed.
- Probable Cause: A police officer is authorized to search a vehicle without a warrant if they have a sufficient reason justifying probable cause to believe that a crime has been committed.
If you have been arrested following a traffic stop and have questions regarding your rights, call Blick Law Firm today at (813) 931-0840 to schedule a free 15 minute appointment with attorney Michael Blickensderfer.