Author Archives: Jay Butchko
Are Search Warrants Necessary for All Searches by Police Officers?
No, but they are necessary for most of them. All search warrants must meet some technical requirements. For example, all search warrants must clearly identify the issuing jurisdiction (Hillsborough County, etc.), contain certain language, and be signed by a judge with authority to sign the warrant. More importantly, search warrants must be based on… Read More »
Is The Smell of Alcohol Probable Cause?
Probably not (pardon the pun). However, in some cases, the smell of alcohol could be probable cause, especially if the odor emanates from the defendant’s breath, as opposed to the defendant’s vehicle. In the first instance, the odor proves the defendant was drinking. In the second instance, the odor proves that a vehicle occupant… Read More »
Florida Woman Busted with “Bag of Drugs”
Officers arrested a 41-year-old St. Petersburg woman who allegedly had a container labeled “Bag of Drugs” in her purse. Just before 11:30 a.m., officers spotted the woman in her vehicle, albeit not at the wheel, without a seatbelt and rummaging around the passenger floorboard, the affidavit said. The trooper pulled the driver over and… Read More »
What is the Meaning of Drug Free-Zone?
A drug-free zone is a geographic area where additional penalties apply to drug crimes, like possession, distribution, and trafficking. Generally, the drug-free zone enhancement bumps up the penalties one level. For example, possession of a small amount of marijuana is usually a second-degree misdemeanor. Possession of a similar amount of this substance in a… Read More »
The Three Stages of an Assault Arrest
Ordinary assault, which is a first-degree misdemeanor in Florida, is the most common assault charge in the Sunshine State. Typically, arrests are quick and clean matters. Officers witness crimes and officers make arrests. Ordinary assault is different. Officers usually don’t need arrest warrants in these situations. But they must follow all three steps of… Read More »
Domestic Violence in Criminal and Civil Court
Shocking and disturbing domestic violence statistics often appear in media reports. Most of these statistics are true and accurate. Many women are very vulnerable, for various reasons. Here’s a shocking and disturbing statistic not often reported. Up to 35 percent of domestic violence allegations are exaggerated or fabricated. Some alleged victims are tattlers who… Read More »
What is Chemical Testing for DUI?
Chemical tests, usually breath tests and blood tests, are generally accurate. Perhaps more importantly, the chemical test conviction rate is much higher than the non-test conviction rate. However, no scientific instrument is perfect, and that includes Breathalyzers and blood test analysis tests. More on that below. These scientific flaws allow a Tampa criminal defense… Read More »
Card Decks and Criminal Investigations
Officials are hopeful that a new deck of cards could close some of the 20,000 unsolved murders in the Sunshine State. The cards, which can be used for playing, were created to shed light on Florida’s unsolved cold cases, through a partnership between Crime Stoppers and the Florida Department of Law Enforcement, Florida’s Department… Read More »
Resolving White Collar Criminal Matters
Embezzlement, bribery, and other white collar criminal matters usually settle out of court. About 94 percent of white collar crime cases settle out of court. According to an old saying, a bird in the hand is worth two in the bush. The certainty of something good (a favorable plea bargain) is better than the… Read More »
Five Key DUI Roadblock Requirements
Even though the Supreme Court approved DWI checkpoints in 1990, only thirty-eight states, including Florida, have legalized them. DUI roadblocks, which allow police officers to circumvent the Fourth Amendment and detain people without reasonable suspicion, usually pop up during the July 4th holiday and other holidays, like New Years, associated with drinking and driving…. Read More »
