To overcome, such constitutional protections, law enforcement, pursuant to the Amendment’s language, cannot search or seize a person or their property without “probable cause.”. We encourage you to research our attorneys. Mr. Koberlein has spent his career helping clients defend themselves against criminal charges, fight insurance companies, and proceed through the bureaucratic process of local governments. In Florida, there are several statutes related to the application of probable cause. Required fields are marked *. Also, visit the attorneys’ profile pages to learn more about how their individual professional histories have created the areas of focus they now practice together, and why so many attorneys refer specific cases to them at Koberlein Law Offices. Reasonable suspicion is basically a “hunch” that an officer may base on certain facts. Welcome to the website for Koberlein Law Offices (aka: “KLO”). This is only one example of the continuous attempt to interpret the Fourth Amendment. Reasonable suspicion is basically a. an officer may base on certain facts. In the absence of a warrant, a. may apply, such as when a defendant consents to the search. Whether the charge is white-collar crime, drug sales, or shoplifting, you have the right to legal representation. Violent Crime Defense Lawyer Tampa, Florida. Each time Mr. Koberlein has performed diligently with great communication. Last, before selecting us or any other attorney search their name and the law firm’s name on the Internet and read the reviews and the rankings that other legal ranking services provide. A law enforcement officer or a judge may be in a position to determine probable cause. Property Settlements/Equitable Distribution, Florida’s Rules of Criminal Procedure (From Arrest to Case Resolution), Everything You Need to Know About Florida’s Williams Rule. Lawyers must continuously educate themselves and read the rulings of higher courts in order to fight for their clients. Who Must Register as a Sex Offender or Predator? protects against unlawful searches and seizures. Mr. Koberlein welcomes the opportunity to meet with you and evaluate your legal needs and provide you with an experienced and competent analysis. What is the Stand Your Ground Law in Florida? Even in the case of suspected violent crimes, the protections afforded by the Fourth Amendment are foundational. This web site is designed for general informational purposes only. The reasonable person standard is an objective test. A combination of facts (known to the officer at the time she applies for the warrant) and circumstances sufficient to show that a crime has been committed or may be committed must be demonstrated in the application. However, when a police officer is the one making the probable cause determination at a traffic stop or scene of a crime, the decision must be based upon all of the facts and circumstances at the officer’s disposal. When it comes to probable cause, the reasonable person standard applies. If you have been charged with a crime in the State of Florida, the experienced St. Petersburg criminal defense lawyers at Khonsari Law Group can examine your case and determine whether you may be able to challenge your charge or arrest on constitutional grounds. We represented multiple local governments and have written many policies and procedures that regulate how our local. Call Koberlein Law Offices for free consultations to provide you with a thorough and competent analysis of your legal circumstances. When a warrant has been obtained before a search is conducted, the judge who approved the warrant has made the initial finding of probable cause. If you or a loved one is hurt, damaged, or is facing criminal charges, you want a qualified, hard-working attorney who will explain your options to you in a straightforward, commonsense, and honest manner. that the potential arrestee committed the offense. Call our St. Petersburg, Florida, criminal defense lawyers at (727) 269-5300, or contact us online. If the vehicle search leads to the discovery of other drugs or weapons, the driver could likely be charged accordingly. Petersburg, FL 33704. Experienced criminal defense attorneys who work to uphold the rights of charged individuals in court may file motions to suppress or motions to dismiss if it becomes apparent that the individual’s constitutional rights were not protected. Your email address will not be published. KOBERLEIN LAW OFFICES, PLLC 855 SW Baya Drive Lake City, FL 32025 Phone: 386-269-9802, KOBERLEIN LAW OFFICES, PLLC 118 Ohio Ave N Suite A Live Oak, FL 32064 Phone: 386-516-2626, KOBERLEIN LAW OFFICES, PLLC 8443 SW 14 Ln Gainesville, FL 32607 Phone: 352-519-4357, “I have employed Mr. Koberlein on several occasions for my personal and business matters. In the probable cause context, the reasonable person standard is based upon the information that an ordinary, reasonable person would have at his or her disposal when taking into account all of the facts and circumstances surrounding a crime. Unfortunately, the Constitution doesn’t define it and for much of our nation’s history, judges, law enforcement, and lawyers have struggled to interpret this idea. Determining whether probable cause was present is a task frequently undertaken by Florida criminal defense attorneys seeking to ensure their client’s rights. Koberlein explained the litigation process to me, a few times, until I understood the entire process. Definition of Probable Cause - Probable cause means that a reasonable person would believe that a crime was in the process of being committed, had been committed, or was going to be committed. To determine probable cause, a test is used to determine if probable cause exists and is sufficient enough to arrest a suspect.

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