The ruling by a panel of the 1st District Court of Appeal in a 2018 Alachua County robbery case came after two other state appellate courts came to different conclusions about forcing defendants to supply passcodes to unlock cell phones.
It’s a widely accepted but dangerous myth: that cops are under siege, handcuffed by “new restrictions.” The reality is the opposite, with more unbridled and brutal policing than we care to admit.
A majority of the U.S. Supreme Court said a law similar to Florida’s, in Minnesota, allowing breath tests for DUI, does not violate the U.S. Constitution’s Fourth Amendment, which bars unreasonable searches and seizures.
Sept. 1 arguments before the Florida court on the question may be made moot by a decision of the U.S. Supreme Court, expected in June, on the same issue. U.S. Justices were skeptical of breath tests.
The governor has not conceded that forcing state employees to undergo urinalysis is unconstitutional despite lower court rulings that spurred the concessions. The U.S. Supreme Court earlier this year refused to take up the case, but it is believed Scott will again ask the high court to rule on the case if he ultimately loses in lower court proceedings.
Palm Coast’s contract with ATS to run the city’s red-light cameras runs through September 2019 but is mostly silent on monetary penalties should the city opt out. An earlier version of the contract had granted Palm Coast the authority to end it without cause, but the city inexplicably scrapped that provision in 2012.
The City of Palm Coast today submitted a 16-page memo to Flagler County Judge Melissa Moore-Stens explaining, without apologies, its absence from a hearing before the judge on April 30, an absence it sought to justify while hinting at blaming the court for being unclear about its intentions.
There were no dramatic moves Tuesday evening among council members or from the city manager. A dozen members of the public addressed the issue, as did City Manager Jim Landon, as did most of the council members and the mayor. But in the end, the most conclusive action was that the council should talk the matter over more thoroughly at a workshop soon.
Linda Thomas, a retired attorney in Palm Coast, filed the lawsuit in federal district court, charging the city’s code enforcement division with violations of the 4th and 14th amendments. Flagler County circuit court in two rulings already found the code enforcement division had improperly and arbitrarily cited Thomas, but the court did not address constitutional issues.
Sophia Zhudro is the 30-year-old resident of Palm Coast’s B-Section who was arrested on Jan. 24 for marijuana possession as she was parked with her 15-month-old on the side of a residential street in her neighborhood. She tells her side of the story, taking issue with the way the incident was related by police.