Pinellas County Florida Criminal Lawyer Blog

Becasuse everyone else is talking about it - I thought I should add my legal perspective on the immigration law in the STATE of Arizona.  Although a Federal Appeals Court blocked the law for the time being - it will be back. 

First:  Immigration laws are FEDERAL laws - that is, who is allowed and not allowed into the country is controlled by the FEDERAL government.  No state government has the power to say who stays and who goes.  It's called the Supremacy Clause and it's part of the US Constitution - for those of you who need a refresher course in US History.  Clearly the AZ legislature does.

Second:  I lived in Arizona, and watched with horror the policies of the media hungry sheriff in Phoenix.  He LOVES to get himself on TV.  Even if it means breaking the law to do it.  His circus act routinely called the press when he did "round ups" of illegals - which was itself illegal. Even as the federal court was issuing its injunction against the state of AZ - the sheriff was doing a "sweep" for illegals, not only breaking the law - but now violating an injunction.  Nice.  

Third:  Every week the people have to have someone to hate.  Last week it was BP.  This week it's Mexicans. 

The AZ law basically allows the police to ask for immigration papers on anyone they think might be illegal. And if they don't have immigration papers, it's a crime. Which would then allow the cops to detain, search and arrest the person.  The real problem with the law is that it leaves the "thinking" to the police. (see #2 above for the reason this is a bad idea)  Clearly it's purpose is to target Mexicans.  But it allows the police to ask for immigration papers on ANYONE.  Or to stop ANYONE that they think might be illegal.  So basically, if the police in AZ need probable cause and don't have it - they can just say they were checking immigration papers. Apart from being an entirely unfair law - it's a huge violation of the 4th Amendment.  The one against illegal searchs and seizures. 

So for those of you who think keeping out illegals is a great idea and violating the 4th Amendment to do so is right - please don't freak out when they take away your right to carry a gun, your right to send me nasty emails about my politcal views, or your right to vote.  Those are all Amendments too. 

The St. Petersburg Times reports that a star football player from Hudson High School was shot in the leg after he attempted to commit a robbery at a home he was invited into.  (The "invited into" part is key).  According to the story, this boy and his friend were invited into a home and while there, his friend stole $3000 in cash.  The friend ran out of the house and while this kid was attempting to leave he was held by the other kids that lived in the house and shot by the homeowner. 

He was arrested for Robbery.  A Robbery is the taking by force of something of value. See Florida Statute 812.13   This kid used no force.  And it wasn't him, but rather his friend, who took the money.  And there's no indication that his friend used force to take the money.

It's not a burglary either - since in order to committ a burglary you need to enter into the house without authorization.  These kids were INVITED into the home.  So at best - it's a theft.  Unless someone can prove this kid knew that his buddy was taking the money or helped him take it, he didn't commit the theft.

So, because there's no force - it's not a robbery.  And because they were invited in, it's not a burglary.

But here's the interesting part - the homeowner used deadly force to protect her property against someone who wasn't using force against her, or anyone in her home.  SHE CAN'T DO THAT.  A homeowner can not use force unless she felt that she was in "great peril" AND the person committing the crime was using force.  Florida Statute 776.013 says the following:

(1)  A person is presumed to have held a reasonable fear of imminent peril of death or great bodily harm to himself or herself or another when using defensive force that is intended or likely to cause death or great bodily harm to another if:

(a)  The person against whom the defensive force was used was in the process of unlawfully and forcefully entering, or had unlawfully and forcibly entered, a dwelling, residence, or occupied vehicle, or if that person had removed or was attempting to remove another against that person's will from the dwelling, residence, or occupied vehicle; and

(b)  The person who uses defensive force knew or had reason to believe that an unlawful and forcible entry or unlawful and forcible act was occurring or had occurred.

Do you think the cops charged this poor kid with robbery to protect the homeowner?

If the following news story about the New Port Richey Mayor  and his wife don't sum up Pasco County, I'm not sure what does. It seems EVERYONE gets arrested at some point for domestic battery.  Pasco County is the land of domestic violence.  Either that, or the deputies just love arresting people for domestic battery because it's easy.  9 out of 10 times both the victim and the defendant are drunk, so their version of events is almost never credible. 

Here's a link to the actual calls being made by the mayor from 10 Connects. The cops say he and his wife were drunk.  He doesn't sound drunk in the tapes. McPherson and his wife were having drinks at the only nice bar in Pasco (and by nice I mean one step above Chili's).  All accounts differ but apparently they got into some type of argument, and whether someone called the police or the police were already there (which is probably the case), a deputy for the Pasco Sheriff's office ended up arresting McPherson's wife. 

What I find interesting about the story is that I hear stories every day about PCSO and the way they escalate situations.  What starts with a drunk guy making a snide comment to a deputy ends with 15 deputies and the arrest of a woman.  How does this happen? 

Perhaps the reason the Sheriff keeps asking for more money for more deputies is because he allows 15 deputies to respond to these events which are NOT CRIMES.