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The Baker Law Offices
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Florida Supreme Court bans warrantless collection of cell data

On behalf of Ira Baker of The Baker Law Offices posted in Criminal Defense on Thursday, November 6, 2014.

Our post last week focused on measures that Apple is taking to protect the privacy of its iPhone customers. This is in response to the constant demands from law enforcement and other government agencies seeking to obtain customer metadata, sometimes in bulk and often without a warrant.

Privacy in the digital age is as much a criminal defense issue as it is a civil liberties one. Thankfully, the Florida Supreme Court recently delivered an important ruling limiting police powers to collect cellphone location data and other metadata without first obtaining a warrant.

The case that went before the Court involved a Florida drug dealer who was convicted based on cellphone data collected without a warrant. The state Supreme Court held that when police use cellphone location data for purposes of tracking a suspect’s movements in “real time,” this amounts to a Fourth Amendment search. As such, the search is only legal if a warrant has been obtained.
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Eyewitness ID and memory can be very inaccurate, studies show

On behalf of Ira Baker of The Baker Law Offices posted in Criminal Defense on Friday, October 10, 2014.



If you witnessed a crime and the suspect was someone you did not already know, do you think you could identify that person in a line-up or in a series of photos? How confident would you be when telling police that you recognized the suspect? Would you be willing to stake someone’s freedom on the accuracy of your memory?

Many people assume that they have a great memory. But numerous studies have shown that when it comes to eyewitness identification, what and who eyewitnesses supposedly saw can be very inaccurate. This problem is one of the most significant criminal defense issues of our time.


Continue reading Eyewitness ID and memory can be very inaccurate, studies show...

Tags: Criminal Defense
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Florida court delivers important ruling on red-light cameras

On behalf of Ira Baker of The Baker Law Offices posted in Traffic Violations on Saturday, October 30, 2014.



Red-light cameras have angered more than a few Florida drivers. These citations often seem unfair, in part, because local police departments play only a very small role in the process. The vast majority of the work is done by outside vendors who operate the cameras, review alleged offenses and handle basically all paperwork.

Thankfully, the Florida Court of Appeals has taken umbrage with this practice of outsourcing police work. In a unanimous ruling by a three-judge panel, the Court of Appeals said that the manner in which red-light cameras are operated throughout Florida is unlawful.


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Tags: Traffic Violations
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Miami-Dade's sex offender restrictions challenged by ACLU

On behalf of Ira Baker of The Baker Law Offices posted in Criminal Defense on Saturday, October 25, 2014.



America’s criminal justice system is predicated on the idea that criminal offenders can be reformed and that once they serve their sentence, their debt to society is repaid. In practice, this usually doesn’t pan out – especially for individuals convicted of sex crimes.

It is not that convicted offenders are incapable of change. Rather, laws placing restrictions on registered sex offenders have become so restrictive that they violate the due process rights of released offenders and actually threaten public safety rather than improve it.


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Tags: Criminal Defense
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The Baker Law Offices North Miami Beach
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Apple makes it harder for gov. to conduct warrantless data searches

On behalf of Ira Baker of The Baker Law Offices posted in Criminal Defense on Wednesday, October 29, 2014.

In the last two decades, communications technology has advanced at a dizzying pace. In the early 1990s, most Americans were still talking only on landlines. Since then, cellphones have become ubiquitous and most phones now include access to internet, email, text messaging, GPS tracking and other technologies that keep us “on the grid” even when we’re on the go.

The pace at which technology advances has long been an important criminal defense issue. Laws that balance police and government powers against the civil and privacy rights of citizens often lag far behind that which is technologically possible. As we learned earlier this year, the NSA and other government agencies are collecting private electronic data on an unprecedented scale, usually without the knowledge or consent of individuals and courts.

Continue reading Apple makes it harder for gov. to conduct warrantless data searches...

Tags: Criminal Defense
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The Baker Law Offices 1944 NE 163rd Street North Miami Beach Florida 33162.  Speed demons keep your fingers crossed, your golden opportunity to really drive fast may soon be here. Florida house bill SB 392 allowing the speed limit in Florida to be increased to 75 MPH in some places may just pass and become law.  If it does pass, Florida would be the first state East of the Mississippi River to allow people to drive at such a high rate of speed.  Currently, a Speeding Ticket for going more than 30 MPH over the speed limit causes the driver to have to go through an arraignment process in the state of Florida.  With this new speed limit, a speeder would be able to go 104 MPH and still receive a normal Speeding Ticket.  Ira Baker, The Baker Law Offices 1944 NE 163rd Street, North Miami Beach, Florida 33162.
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The Baker Law Offices, North Miami Beach, Florida 33162.  In most circumstances, a criminal charge that was either dismissed, nolle prossed, or dismissed through a diversion program may be expunged as long as there was no adjudication and it was not a charge that is statutorily prohibited from being expunged.
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