Articles Tagged with South Florida criminal defense attorney

The saying goes that one man’s trash is the next man’s treasure, basically meaning that we all place different value on material goods. But in the case of a South Florida defense attorney, it’s more likely to refer to the fact that you’re literal trash may be the treasure of a prosecutor seeking to put you behind bars. South Florida defense attorney

With the proliferation of DNA evidence as key to prosecutions, digging through a suspect’s trash has become a growing source of evidence for many state and federal attorneys. Generally speaking, unlike the contents of your home or even a DNA test of your own bodily fluids, once your trash is carried to the garbage for disposal, it becomes fair game for law enforcement authorities to access – without a warrant. As established in the 1978 federal case of U.S. v. Crowell by the U.S. Court of Appeals for the Fourth Circuit, you have no reasonable expectation of privacy per the Fourth Amendment for the garbage you place outside for collection. In fact, so-called “trash pulls” have become a veritable treasure trove for some narcotics units in Florida. In some cases, it even becomes the basis for securing a search warrant on your actual home.

However, it’s not unheard of for police agencies to get too hasty in their quest to gather evidence sufficient for probable cause to secure a warrant to fail to obtain adequate evidence prior to requesting that warrant. For example, simply finding cocaine residue or marijuana seeds in the bottom of a trash bin may in fact be insufficient, thus leading to an affidavit that is deficient for the warrant that is ultimately signed. Based on the fruit of the poisonous tree doctrine, that could mean everything that is found thereafter is inadmissible (if your criminal defense lawyer files a motion to suppress) – and may result in an entire case being tossed.  Continue reading

He had just turned 22 and his love interest was 15. Years ago, it might simply have been considered a Romeo-and-Juliet story. iphone1

But this is modern day, and he was a Pasco County Sheriff’s deputy and that 15-year-old was legally a child. That meant the short video clip the teen sent to his older paramour of himself engaged in a personal sex act was child pornography.

For this exchange and for driving to meet that teenager, fired deputy Matthew Bondi, a Deerfield Beach native, has pleaded guilty to a federal child pornography charge, as codified in 18 U.S.C. 2252(a)(2). By knowingly receiving a visual depiction of a minor engaged in sexually explicit conduct, he committed a crime formally classified as sexual exploitation of a minor. Now that he has pleaded guilty, Bondi faces a minimum of five years and a maximum of 20 years in federal prison. The Sun-Sentinel reports he is expected to be sentenced early next year. Continue reading

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