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Robert Jonathan Lee

Robert Lee’s Legal Guides

7 total

  • Jury Selection - Striking for Cause

    An interesting jury selection decision here in Florida was published yesterday in: ERNEST LARON BLAKE, Appellant, v. STATE OF FLORIDA, Appellee. 1st District. Case No. 1D12-1385. Opinion filed April 8, 2013. The Court there held that it was an error to grant, over defendant's ob...

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  • Is the content on your cell phone protected by the 4th Amendment?

    The Florida Supreme Court recently visited the topic of whether or not the content on your cell phone is protected by the 4th Amendment and answered the question in the affirmative in Smallwood v. State of Florida. (SC11-1130, May 2, 2013). The issue in the case was: "DOES THE ...

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  • Is the "Curtilage" around your house a "protected area?"

    Florida v. Jardines (argued before the U.S. Supreme Court) resulted in a huge drug law/criminal defense/protection of our civil liberties victory today. Justice Scalia upheld the Florida Supreme Court's decision holding that a dog sniff on private property implicates the fourth a...

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  • CORRECTING AN ILLEGAL SENTENCE

    What is an illegal sentence? An illegal sentence is one which, when imposed is violative of our Constitution in that it constitutes cruel and unusual punishment when imposed. The Third District Court of Appeal, State of Florida on April 24, 2013 most recently advised us as to w...

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  • 4th (Fourth) Amendment Seizures of persons

    www.TheMiamiDefender.com "Is it unreasonable for an officer to stop me on the street and request to search my luggage or person absent probable cause?" That depends: The US Supreme Court has recognized three categories of law enforcement encounters with individuals: 1.) 'casu...

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  • Substance Abuse and Federal Sentencing

    www.TheMiamiDefender.com The Law Office of Robert J. Lee, P.A. When the Federal Court sentences a defendant to a term of imprisonment, the Probation Officer in charge of completing the Presentence Investigation Report may recommend to the bureau of prisons that the defendant be...

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  • Recovering Treble (3x damages) for Civil Theft in Florida

    This is a basic rendition of the civil theft statute and how one may go about recovering

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