Thursday, October 30, 2008

April 18, 2008

Grant, 33 FLW 964, 2nd DCA, neither plain view nor exigent circumstances justified ofc warrant less intrusion into def's property where ofc went to home to investigate a report more than 100 dogs were on the property, ofc had no evidence suggesting that any dogs were mistreated, and when no one answered the door ofcs peered over and through slats of six-foot privacy fence, saw only some chained or caged dogs, ofcs then walked through a gate and searched the property-illegality of initial search was not cured by def's consent to show ofcs around his property, given the fact that the ofcs had already searched the property, demonstrating to the def they had the absolute right ot search and his consent to any search was a mere formality which he could not refuse-court finding break in chain of illegality not proved by clear and convincing evidence and was in error

Pilieci, 33 FLW 966, 2nd DCA, magistrate had no pc to issue a search warrant in controlled buy case where buy was 29 days earlier on a single occasion with an unidentifiable amount of cocaine bought from an unidentified person-remanded for question of exclusionary rule whether ofc acted in good faith of issuance of the search warrant by the magistrate any material omissions in support of the warrant were knowingly or recklessly made and whether ofc in good faith with his training and experience would believe affidavit would actually supported issuance of the warrant

Lebron, 33 FLW 976, 3rd DCA, Statements of def-trial court properly suppressed statements by def prior to administration of Miranda warnings in response to ofc's statement "I hope you know what kind of trouble you are in" Court erred in suppressing Post-Miranda Statement where police did not engage in two-step strategy of questioning def prior to Miranda, Missouri v. Seibert, 542 U.S. 600 and no claim either statement was involuntary

Dawson, 33 FLW 978, 3rd DCA, double jeopardy after mistrial-no manifest necessity for mistrial-def silence or failure to object not waive constitutional prohibition of d.j. -state witness on vacation for two weeks not warrant mistrial where judge did not question of other possibilities

Langdon, 33 FLW 982, 4th DCA, 948 alternative sentence not proper for person with non-drug prior, GT, also 5 priors for possession where the most one can qualify with is "four" prior convictions

The Law Office of Roger P. Foley, P.A.

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