Friday, May 31, 2024

#HABERPA VIDEOFAQ # 380) What are the exceptions to the “Warrant Requirement” Michael A. Haber Miami Criminal Defense Lawyer

  PLEASE WATCH #HABERPA'S VIDEOFAQ # 380)  What are the exceptions to the “Warrant Requirement” @ https://youtu.be/GjtZr8ixSzo




This Blog Post is a PSA (i.e. a "Public Service Announcement" that's designed to provide the folks with important information) but it also both marks the rollout of this latest batch of #HaberPA's VideoFAQs and highlights # 380) "What are the exceptions to the “Warrant Requirement”" and finally it's a shameless plug for #MichaelHaberLaw (#HaberPA's YouTube channel).  Disclosures complete let's get to it:


- The PSA:  #HaberPA's VideoFAQ # 380 identifies and discusses the major exceptions to the Warrant Requirement.  It's the fourth in a quintet (a "quintet" is a grouping of 5) of VideoFAQs that tackle The 4th and goes like this:  





"Thanks for asking me “What are the exceptions to the Warrant Requirement”?


I can answer this with a little help from Jules Winnfield.  For those who don’t know Jules he was Samuel L. Jackson's character in Quentin Tarantino's quintessential film "Pulp Fiction", and I’ll specifically refer to the scene where Pumpkin (Tim Roth) and Honey Bunny (Amanda Plummer) begin their armed robbery in the Hawthorne Grill (a/k/a "Holly's). As Vincent Vega (John Travolta) is in the restroom, Pumpkin approaches Jules, points her gun at him  and demands his wallet. Now anyone who's seen Pulp Fiction knows, that Jules’ wallet is the one that literally says  "Bad Mother F-er".  Well, here in the real world, with a dash ingenuity and a dribble of "spin", "EPIC-MF" is an acronym for the 6 major exceptions to "The Warrant Requirement".


"EPICMotherF-er” or “EPIC-MF” breaks down to "E" =  Exigent Circumstances, "P" = Plain View, "I" = Incident to Arrest, "C" = Consent, "M" = Motor Vehicles and "F" = Found Property. Noting that I’ll be detailing each of these in their own individual VideoFAQs following are nutshell definitions:


Exigent Circumstances allows for a warrantless entry where people are in immediate danger, evidence faces imminent destruction or a suspect's escape is impending.  Plain View covers situations where Police are lawfully in a place and happen to see something which is obviously - patently - either illegal or incriminating. Incident to Arrest allows the cops to conduct a warrantless search of an arrestee's person - as well as the area within the arrestee’s immediate control (which is known as the "wingspan"). So long as it’s done so knowingly, intelligently and voluntarily anyone is free to waive the 4th and Consent to a warrantless search. Where Police have Probable Cause to believe that evidence or contraband is in a vehicle then they can search that vehicle without a warrant. And finally, Found property refers to items over which someone "makes evident a surrender of their privacy interest" (for instance, when you set your garbage out on the street for collection The Boys in Blue can collect and sift through it for incriminating evidence without a warrant.


There are other recognized warrant requirement exceptions - such as Borders, FISA / - Foreign Intelligence Surveillance, Inventory, Officer Safety / Terry Stops, Prisons and Schools, but those can’t be squeezed into "EPIC-MF"."


- The roll-out:  Over the course of Memorial Day weekend we published #HaberPA VideoFAQs # 376 - 401, 5 of which deal with The Fourth Amendment per se, another 5 of which deal directly with the subject of warrants, 4 of which deal with searches and Motions to Suppress, 3 of which deal with Miranda Rights, 1 on "Spoliation of Evidence", 1 on "Chain of Custody" and 6 that deal with Arrests (more specifically 2 of which are generic, 2 concerning "Contempt of Cop" and 2 on "Gratuitous Charges").  


Again, today we are highlighting # 380) "What are the exceptions to the “Warrant Requirement”?", which you can watch at the following URL:  https://youtu.be/GjtZr8ixSzo


- The shameless plug:  #HaberPA's VideoFAQ catalogue is now up to 401 Criminal Defense, Criminal Law, Criminal Procedure, DUI, BUI, Domestic Violence, Evidence, Crime Victim Rights and Seal & Expunge "Webisodes" and we are currently  scripting 24 new ones concerning such topics as: The 6th Amendment, Public Defenders vs. Private Criminal Defense Counsel, lawyer ethics (insert snarky oxymoron joke here...) and client's rights as are imposed upon all lawyers in The Sunshine State via the Rules Regulating the Florida Bar and updated firearm / gun laws in Florida's new Constitutional Carry era.


If you've not yet done so then I hope that you'll please SUBSCRIBE to #HaberPA's YouTube Channel #MichaelHaberLaw by visiting the following link: www.youtube.com/c/michaelhaberlaw 


As of today we have 2,495 subscribers who've contributed to our 698,585 views, but your kind subscription will get us closer to reaching our immediate goal of 3,000 subscribers and 1,000,000 views!


Each #HaberPA VideoFAQ focuses on a specific question, most are 1 - 2 minutes long, but several in this latest batch are closer to the 3 minute mark (another relevant aside alert: "Necessity" is what we call an "affirmative defense", or a defense which negates the "intent" or Mens Rea" element of an otherwise criminal act as the actor's illegal conduct only occurred under threat, usually threat of harm), and while we may not always be successful in our endeavor we do consistently strive to make each VideoFAQ short, pointed, creative, entertaining and, most importantly, informative.


While I admittedly conjure a healthy percentage of the "questions" that form our VideoFAQs a substantial portion of them are in fact inspired by real world questions from others (e.g. clients, potential clients, random folks on social media / the internet, friends, family, colleagues, etcetera).  Should you have a legal questions that you'd like #HaberPA to address then you're welcome - encouraged even - to SUBMIT it / them to me, be it by email (Sharky910@aol.com), calling or texting my cell phone (305-798-2220), messaging me on ‪X /‎Twitter (@Sharky910), MeWe (also @Sharky910), on YouTube (via MichaelHaberLaw) or by PM'ing me right here on FB‬ and, assuming that your proposed topic is both appropriate and fits within our wheelhouse then we'll be happy to provide you with a custom tailored video answer to your relevant question.


With all that said I hope that you enjoy # 380, that if you've not yet done so then that you become a #MichaelHaberLaw subscriber and in any event that you know that no attorney-client relationship with either #HaberPA or Michael A. Haber, Esq. exists as a result of watching any of our VideoFAQs.  Any and all information which is both contained in and may be construed from our VideoFAQ is meant to be generic in nature, should only be considered as academic and is not intended to be construed as legal advise to any specific individual for any specific case.  Should you wish to seek actual legal advise then please feel free to contact #HaberPA directly.


Should you, a friend, a loved one or even someone that you {don't particularly like but happen to} know be in a jam with the criminal justice system then you can rest assured that either retaining or recommending #HaberPA will not only reflect well on you but will provide the client with unwavering, relentless and honest advocacy.


Established in 1991 and with no history whatsoever of any form of professional discipline, #HaberPA is readily available to have open, honest dialogue with potential clients and to quote and honor reasonable fees after identifying a realistic litigation objective. We're proud of our unblemished and time proven record of both having our client's "6:00", 24-7-365, 360° and of providing boutique, creative, effective, unwavering and zealous #CriminalDefense, #CriminalLaw, #CriminalProcedure, #ConstitutionalLaw, #Evidence, #DUI, #BUI, #DomesticViolence, #Probation, #Crime #VictimRights and #Seal & #Expunge representation to it's clientele, primarily in South Florida, on matters ranging from DUI to #DrugTrafficking and from #Misdemeanors to #Murder.


At #HaberPA "it's all about #ReasonableDoubt"!


YT: www.youtube.com/c/MichaelHaberLaw

FB: www.facebook.com/Miami.Criminal.Lawyer

X: www.twitter.com/Sharky910

WWW: www.criminallaw.miami

E-Mail: Sharky910@aol.com

Cell: 305-798-2220

Office: 305-381-8686

Toll Free: 1-888-SHARK-8-1


When it comes to the subject of "Cops, Courts and Constitutions" you should always have a skilled and experienced criminal defense attorney who is focused on serving your interests.  While we can't stop the cops from arresting you, as your legal counsel Michael A. Haber, PA will ensure that your rights are respected from the moment that representation begins and that any abuses which may have occurred beforehand are remedied.


At Michael A. Haber, P.A. "Its all about reasonable doubt"!


Michael A. Haber, Esq. is prepared to speak with you about your case!


Cell: 305-798-2220; Office: 305-381-8686; Toll Free: 1-888-SHARK-8-1






THIS BLOG POST (AS ARE ALL OF #HABERPA's BLOG POSTS) IS A PUBLIC SERVICE ANNOUNCEMENT WHICH IS PRIMARILY DESIGNED, BY WAY OF REAL WORLD EXAMPLE, TO ASSIST THE GENERAL PUBLIC IN AVOIDING CONDUCT WHICH COULD FORESEEABLY RESULT IN ARREST AND PROSECUTION!  


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#CompulsorySelfIncrimination #MoitonToSuppress #SuppressEvidence #EvidentiaryHearing #PretrialMotion #DispositiveMoiton # Miranda #MirandaRights #MirandaWarnings #ErnestoMiranda #PhoenixPoliceDepartment #UnitedStatesSupremeCourt #SupremeCourt #SCOTUS #MirandsVsArizona #CustdialInterrogation #Interrogation #IncriminatingStatements #MotionToSuppressStatements #SuppressStatements #Evidence #SploiationOfEvidence #Spoliation #SpoliationLetter #ChainOfCustody #AdmissibleEvidence #InadmissibleEvidence #TheGoldenRule #DoUntoOthers #ContemptOfCourt #ContemptOfCop #GratuitousCharges #ResistingArrest #ResistingArrestWithViolence #ResistingArrestWithoutViolence #Obstruction #ObstructionOfJustice #SamuelLJackson #QuentinTarantino #PulpFiction #Pumpkin #TimRoth #HoneyBunny #AmandaPlummer #ArmedRobbery #TheHawthorneGrill #Hollys #VincentVega #JohnTravolta #BadMotherFucker 

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