Legal Discussion

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College Arrest 101 Blog | Nationwide Statistics on Alcohol and Drugs on College Campuses

As the 2013-2014 academic college year comes to a close, the statistics for 2012 are in and have been comprehensively analyzed by website rehabs.com in its report, "Drugs on Campus, Exploring the Drug Cultures of Hundreds of College Campuses through their Crime Data."   This website is a very interesting read and does a tremendous job analyzing the statistics of college arrests in many areas, not only alcohol and drugs.

By | 2014-08-04T23:53:37+00:00 May 7th, 2014|Legal Discussion, News Article Commentary|0 Comments

College Arrest 101 Blog | A College Student, A Smartphone and the US Supreme Court . . .

Perhaps one of the most significant search and seizure cases for the digital age is centered around a college student who was initially pulled over for a routine traffic stop. He was ultimately arrested for driving with a suspended license and the police impounded his smartphone AFTER scrolling through it to find incriminating evidence of videos and photos of gang activity. The phone landed him in prison for 15 years. You can read aboutthe case here. The US Supreme Court will now decide whether the police illegally searched that smartphone without a warrant. Oral arguments on this issue were held [...]

By | 2018-03-28T19:42:28+00:00 April 30th, 2014|Legal Discussion, Uncategorized|Comments Off on College Arrest 101 Blog | A College Student, A Smartphone and the US Supreme Court . . .

College Arrest 101 Blog | US Supreme Court Has NEVER Heard a Case Involving College Student Discipline

Surprising. I just read in a legal essay discussing the evolution of the due process law in college student disciplinary cases that the US Supreme Court has never heard a case involving College Student Discipline. Lower appeal courts have addressed these issues on a few occasions, but never the highest court. This is surprising because the issues in college student disciplinary cases involve broad Constitutional questions and ideas like "due process." Such import overarching policies and interpretations should be determined universally and by our highest court. Not left to differing opinions by various judges around the country and certainly not [...]

By | 2018-03-28T19:44:39+00:00 March 27th, 2014|Legal Discussion|0 Comments

College Arrest 101 Blog | Spring Break Court in Key West

I love Key West. They really know how to deal with a problem down there. They have something called "Spring Break Court." Key West, like most big Spring Break destinations, suffers from many arrests of college students for relatively minor crimes like underage drinking, open container violations, fake IDs, etc. The problem with the arrest of a college student on Spring Break vacation is that they are not locals and must return to their home, usually hundreds of miles away, at the end of the week before their criminal case can come to court to be resolved. Key West has [...]

By | 2018-03-28T19:45:54+00:00 March 23rd, 2014|Legal Discussion, News Article Commentary|0 Comments

College Arrest 101 Blog | Florida State College Students Can Bring a Firearm to Campus, Says Florida Court

The Florida First District Court of Appeals recently ruled that Florida public universities must permit firearms to be kept in an encasement inside a vehicle on campus. You can read the opinion here. Florida state, public colleges, like many universities around the country had rules against bringing weapons, including firearms anywhere onto campus.  However, in Florida we have a statute that specifically addresses the right to keep a firearm in a vehicle on campus. Universities don't like any firearms on campus - zero tolerance. However, firearm carrier advocacy groups fought these campus bans and won! Now, at any of the [...]

By | 2018-03-28T19:47:16+00:00 March 17th, 2014|Legal Discussion, News Article Commentary|Comments Off on College Arrest 101 Blog | Florida State College Students Can Bring a Firearm to Campus, Says Florida Court

College Arrest 101 Blog |Freedom of Speech or Facing Suspension? | ASU College Students’ Racist MLK Party

Social media postings land another group of College Students in discipline. This time a fraternity at Arizona State University was suspended and a number of students involved in the party are facing discipline for a racist Martin Luther King day party. Read about the facts here. This is not the first time that social media such as Facebook, Twitter or Instagram has gotten a College Student brought up on disciplinary charges.  College Students need to know that anything that is posted by you or depicting you on the Internet or social media can be used by your college or university to [...]

By | 2018-03-28T19:48:30+00:00 February 3rd, 2014|Legal Discussion, News Article Commentary|0 Comments

College Arrest 101 Blog |Know Your Legal Rights, Justin Bieber … Please!

The media firestorm this week has been blazing with news of every detail of Justin Bieber's DUI arrest in Miami (my own backyard) this week. But, what I haven't heard yet is why Justin Bieber and many other celebrities along with most of my clients don't know their legal rights when they come into contact with law enforcement or when they have been arrested. Learn them, know them and use them because this could make or break your criminal case. Basically, the rules are simple. Here we go. When a police officer asks you any questions you have the absolute [...]

By | 2014-08-04T23:58:16+00:00 January 25th, 2014|Legal Discussion, News Article Commentary|Comments Off on College Arrest 101 Blog |Know Your Legal Rights, Justin Bieber … Please!

College Arrest 101 Blog | College Students and Miranda Rights

There has been a lot of discuss in the past few days about captured Boston Bombing suspect, Dzhokhar Tsarnaev, not receiving his Miranda Rights pursuant to the public safety exception. This has been the subject of much debate because normally arrested suspects in the United States are read the well known Miranda Warnings before interrogation or at least that is what you would believe by watching Law & Order.  You know how it goes - "you have the right to remain silent, anything you say can and will be used against you . . ." Many college students (and other [...]

By | 2014-08-05T00:02:35+00:00 April 22nd, 2013|Legal Discussion, News Article Commentary|0 Comments

College Arrest 101 Blog | Florida Tries to Legislate Mugshot Websites

Finally! Someone in the Government wants to do something about these Mugshot websites which post the arrest mugshot of every college student arrested in Florida. Florida legislator, Carl Zimmermann, has proposed legislation that would undercut many of the problems with these mugshot websites - potentially putting them out of business. You can read discussion about the proposed legislation here and read the text of the bill here. I have long believed these websites are parasites, charging money to remove these embarrassing photos and information.  I have done legal research on the issue and even called the Florida Attorney General's office [...]

By | 2018-03-28T19:53:40+00:00 April 9th, 2013|Legal Discussion, News Article Commentary|0 Comments

College Arrest 101 Blog | College Students, Drug Dealing and University Discipline

Recently, a huge drug bust went down at the University of Alabama.  It made national news and about 61 college students were arrested in this sting operation.  You can read about it here. Drug operations happen every day and college students get arrested for drug crimes all the time.  But, there is a big difference between an arrest for drug possession and an arrest for drug dealing (i.e. selling, distributing, etc.) especially for a college student.  Drug possession would be when the student is caught smoking a joint or with a small amount of marijuana or cocaine or pills for [...]

By | 2018-03-28T20:11:04+00:00 April 2nd, 2013|Legal Discussion, News Article Commentary|0 Comments