Author: Philip J. Bonamo, Esq. - Florida Board Certified Criminal Trial Law Attorney

The United States Supreme Court, in last month’s decision of King v. Maryland , ruled that law enforcement has the right, and it is not a violation of the 4th Amendment to the US Constitution, to take a  swab of DNA from a person arrested, without the necessity of first obtaining a search warrant from a judge.

One of the most important aspects of being a criminal defense attorney is to make sure that my client is aware of and understands the collateral consequences a criminal conviction can have for them. It can have a ripple effect for many reasons, and  one of the most important, for many of my clients, is the effect such can have on their privilege to drive.   

As a family law attorney, I hear the above question in some form or fashion quite often, and the short answer is no. If you are not married, and you have a child as an unwed father, simply having your name on the child’s birth certificate as the biological father will not help you if your relationship with the mother goes south, and she plans on  leaving you and taking the child.

One of the cornerstones of our legal protections in our society, the right to be free from search and seizure by the government unless and until the issuance of a search warrant by the court upon a finding of probable cause, may soon have application and become the law in the state of Florida in relation to our portable electronic devices.