A 24-year-old Port Richey woman was booked into the Pasco County Jail after posting graphic pictures of a man's genitals on various social media platforms. Breyanna Helen Dean, 24, of Port Richey, was detained by the Pasco County Sheriff's Office on April 27 after allegedly circulating the illicit pictures via direct messages to an unknown number of recipients. One page of the arrest report was published yesterday by The Smoking Gun. According to the arrest report, Dean had used an old … [Read more...]
Legal Opinionator
Legal commentary by John McGuire of McGuire Law Offices
Can Healthcare Be Fixed in this Country?
I consider myself fortunate. As a military veteran, I have access to excellent healthcare through the VA. However, most of my clients don't have such good fortune. They have to pay for their healthcare and the insurance company makes medical decisions for them. Often, they are faced with high deductibles, co-payments, and procedures that aren't covered by their insurance. As one of the richest nations on earth, why is our healthcare system in such a sorry state? The United States spends … [Read more...]
Why We Have a Government Based on Checks and Balances
Our system of government is essentially a reaction to other forms of government from which our founding fathers hailed. Since most came from England which was governed by a monarchy, the fathers of this country reacted against that form of government by creating a representative democracy or constitutional republic in which absolute power lay in the hands of no one single person. The founders understood that absolute power corrupts absolutely. So when the framers of our Constitution convened … [Read more...]
Fruit of the Poisonous Tree
While the justice system is not perfect in this country, it is one of the most fair systems in the world. It affords the accused every opportunity to maintain their innocence. Besides "innocent until proven guilty", the law recognizes the doctrine of "fruit of the poisonous tree", a doctrine that extends the exclusionary rule to make evidence inadmissible in court if it was derived from evidence that was illegally obtained. As the metaphor suggests, if the evidential "tree" is tainted, so is … [Read more...]
Sneek and Peak Surveillance Has Been Used Before in Florida Massage Parlors
The law clearly states that so-called "sneek and peak" warrants are not to be used for prostitution investigations solely. Yet, South Florida law enforcement has been doing just that for years, according to the Sun Sentinel. New England Patriots' owner Robert Kraft was caught on one of these stings and is now facing misdemeanor charges. Perhaps more importantly to him, the video footage may be allowed to go public. His lawyers argue that the sting violated his 4th Amendment rights against … [Read more...]
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