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Criminal Defense Blog

Monday, June 25, 2018

Legal Update: Cell Phone Warrants

On June 22, 2018, the U.S. Supreme Court held in a 5-4 decision in Carpenter v. United States, that law enforcement must obtain a search warrant in most situations in order to get access to a cell phone's location data from service providers.


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Thursday, May 17, 2018

Stand Your Ground Defense


Florida Statute 776.032 provides for criminal and civil immunity for those who justifiably use or threaten to use force in self-defense. Effective June 9, 2017, the statute was revised which arguable makes the prosecuting those claiming self-defense even more difficult. Florida’s law enforcement officers are now not only required to determine if there was probable cause for arrest based on the use of force, but also to determine if the force used was unlawful. Therefore, law enforcement officers must conduct a more thorough investigation and analysis to determine not only if force was used, but the nature and character of that force.


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Wednesday, May 16, 2018

The Marjory Stoneman Douglas High Public Safety Act


On March 9, 2018, Florida Gov. Rick Scott signed into law the Marjory Stoneman Douglas High Public Safety Act, which tightens gun control in several ways. First, it raises the minimum age to purchase a firearm to 21 from 18. It also bans the sale or possession of bump fire stocks and it gives law enforcement greater authority to seize weapons and ammunition from those deemed mentally unfit. The legislation allows a law enforcement officer who is taking a person into custody for an involuntary examination under the Baker Act to seize and hold a firearm or ammunition from the person for at least 72 hours, or until the person appears at the agency to retrieve the firearm or ammunition.
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Mr. Eisenberg is one of only a handful of criminal defense attorneys in all of Sarasota County who has been recognized by the Florida Bar as a Board Certified Criminal Trial Expert.



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