WHO TO KNOW TO BECOME A FEDERAL DISTRICT JUDGE IN TAMPA ST. PETERSBURG CLEARWATER IN THE MIDDLE DISTRICT OF FLORIDA

The Florida Federal Judicial Nominating Commission is accepting applications for a United States District Judge position in the Middle District of Florida an area including Tampa, St. Petersburg and Clearwater, where your favorite Criminal Attorney presides over his golden retriever, Sancho and an occasional glass or more of red wine. Here is an interesting list of the folks who interviewed for the last Federal District Court vacancy. Will they still be interested?

The purpose of the Nominating Commission is to present the President with the best possible applicants, to take some of the politics out of the process, to make the process fair and transparent and to find a Judge whom the federal practice lawyers on the Commission trust to be - well, to be what exactly - fair and impartial or malleable? Unfortunately those members of the Commission who are attorneys are not barred from Federal practice making a farce of the entire process. Why have attorneys who practice in Federal Court on the Commission? Why have attorneys on the Commission? Isn't that an automatic conflict of interest? Here is a list of the members of the the Middle District of Florida Nominating Commission.

The vacancy was created when Judge Gregory A. Presnell’s gained senior status. Though Federal District Judges are appointed for life, they can opt to take on a less stressful schedule by taking senior status. 
The oldest sitting Federal Judge is Judge Wesley Brown of Kansas whose one caveat is "no lengthy trials" which makes sense at age 103 and if your favorite Pinellas crime lawyer was that old he'd be avoiding lengthy trials too... 
Anyway, applications for the judicial appointment can be obtained from the Florida Bar Online or at any Costco with a $50 membership fee. Completed applications must be received by the Commission's Statewide Chair and each Commission member in the manner specified by the Rules of Procedure by 5 p.m., Wednesday, January 18, 2012.

Potential Judges -- get to work on that application & brush up on those interviewing skills.

Vincent van Gogh, Man Writing Facing Left, 1881

SOMEWHERE ORWELL IS SMILING: SECRET VIDEOS MADE BY THE PINELLAS COUNTY SHERIFF'S OFFICE WERE USED IN SEARCH WARRANTS BASED ON WHERE PEOPLE SHOP IN LARGO FLORIDA

Imagine a dark Orwellian world where everything you do is on video and everything you do is closely examined in the hope it can be used as evidence against you in the future.

Well, if you live in Pinellas County, Florida you don't have to imagine that world anymore, as your Pinellas County Sheriff's Office secretly put hundreds of customers under video surveillance for over a year at a plant store called Simply Hydroponics. Law enforcement then used identifiers of the customers, such as the tags on their vehicles to track them, spy on them and to obtain search warrants which contained at best highly unlikely information.

This should make every American angry and even makes your favorite Clearwater Defense Lawyer despair for the future of our country.
In one case law enforcement officers placed a plant store customer's home under surveillance then swore under oath in a search warrant that they could smell the marijuana plants and heard the distinct noise of foliage being broken from within what they designated as a suspected marijuana grow house. Our intrepid detectives found a single marijuana plant upon forcing their way into the home.
If there's one thing all of us as Americans should be against it's unbridled government surveillance and the destruction of our privacy rights. Yet we should also agree that the inherent corruption which resulted in officer's telling lies under oath must also be rooted out.
The surveillance, the lies, the misinformation and the failure of law enforcement to abide by basic American standards of Justice should result in the immediate investigations of every law enforcement officer and every prosecutor involved as prosecutors routinely draft, prepare and take the search warrants to Judges for signatures. 
A Grand Jury should immediately be convened by the Florida Attorney General Pam Bondi to investigate he highest positions at the Sheriff's Office and at the State Attorney's Office, to find who was responsible for placing the video equipment near the store, to find what other stores or public areas are secretly under surveillance and to bring to justice all of those who did this or allowed this to be done under their watch.

Here are a few excerpts about smell as possible probable cause from the St. Petersburg Times Article: Young plants don't emit an odor, but if a person were growing "hundreds" of mature plants in a structure that wasn't properly sealed, it's "possible" an officer very close to the home would notice the smell...James Woodford of Chattanooga, Tenn., an expert on the topic of marijuana odor, said a large operation vented directly outdoors could generate an occasional "whiff" of marijuana detectable up to 25 to 30 feet away [i.e., less than half the distance between the sidewalk and Underwood's "alleged grow room"]....Law enforcement officers commonly use the smell of marijuana to establish probable cause.
Drug Crimes Trial Lawyer & Criminal Defense Attorney in Clearwater, FL
Times Editorial: America shouldn't be a surveillance society
Video Surveillance – Are Hidden Cameras Legal?
933.07 Issuance of search warrants.—
(1) The judge, upon examination of the application and proofs submitted, if satisfied that probable cause exists for the issuing of the search warrant, shall thereupon issue a search warrant signed by him or her with his or her name of office, to any sheriff and the sheriff’s deputies or any police officer or other person authorized by law to execute process, commanding the officer or person forthwith to search the property described in the warrant or the person named, for the property specified, and to bring the property and any person arrested in connection therewith before the judge or some other court having jurisdiction of the offense.

(2) Notwithstanding any other provisions of this chapter, the Department of Agriculture and Consumer Services, based on grounds specified in s. 933.02(4)(d), may obtain a search warrant authorized by this chapter for an area in size up to and including the full extent of the county in which the search warrant is issued. The judge issuing such search warrant shall conduct a court proceeding prior to the issuance of such search warrant upon reasonable notice and shall receive, hear, and determine any objections by property owners to the issuance of such search warrant. Such search warrant may be served by employees or authorized contractors of the Department of Agriculture and Consumer Services. Such search warrant may be made returnable at any time up to 6 months from the date of issuance.

933.04 Affidavits.—The right of the people to be secure in their persons, houses, papers and effects against unreasonable seizures and searches shall not be violated and no search warrant shall be issued except upon probable cause, supported by oath or affirmation particularly describing the place to be searched and the person and thing to be seized.

The Florida Statutes - The Florida Senate

From Orwell's novel 1984, The three slogans of the Party on the Ministry of Truth Building. 

EVERYTHING YOU ALWAYS WANTED TO KNOW ABOUT DOUBLE JEOPARDY BUT WERE AFRAID TO ASK

The Fifth Amendment of the U. S. Constitution prohibits the government from prosecuting individuals more than once for a single offense and from imposing more than one punishment for a single offense. The Constitution states, "No person shall . . . be subject for the same offense to be twice put in JEOPARDY of life or limb;" this is known as the Double Jeopardy clause.
Florida has its own constitutional double jeopardy provision which does not prohibit a defendant's retrial when a prior trial has been concluded by mistrial because of a HUNG JURY (see Lebron v. State, 2001 WL 987233, 26 Fla. L. Weekly S553 (Fla. 30, 2001); West's F.S.A. Const. Art. 1, § 9).  http://www.law.fsu Lebron v State pdf

A jury's verdict of acquittal terminates jeopardy. An acquittal cannot be overturned on appeal even if later overwhelming proof of a defendant's guilt is found or even if the trial judge committed reversible error in ruling on an issue at some point during the proceedings.
Double jeopardy embodies within each sworn jury the power to nullify an inappropriate prosecution. The power of the government is is checked because each jury possess the power to correct corruption of the legal system by law enforcement, government officials, confidential informers, prosecutors, state attorneys, and even judges themselves
A jury can also implicitly ACQUIT a defendant when it is instructed by the judge on the elements of a particular crime and on a lesser included offense, if the jury returns a guilty verdict as to the lesser offense, a second prosecution for the greater offense is barred by the Double Jeopardy Clause. 

Double Jeopardy
Criminal Defense Attorney and Trial Lawyer Pinellas, St. Petersburg, Clearwater, FL
Federal Crimes Trial Lawyer & Criminal Defense Attorney in Pinellas, St. Petersburg, Clearwater,Fl
JEOPARDY! Alex Trebek
EVIDENCE
Bill of Rights 
Annotated Constitution Fifth Amendment

Why are the two men at the left with arms raised so upset? "I didn't say Double Jeopardy...we ordered Double Espresso..." Can you find Ben Franklin? Good thing he didn't bring that kite of his.