Thursday, October 30, 2008

August 29, 2008

Rachel, 33 FLW 2021, 4th DCA, search and seizure, ofc decision to come in contact with def in parking lot of strip club to determine why thy the def left the vehicle in the aisle, instead of pulling into parking spot, before exiting his vehicle became investigatory stop when ofcs pulled def back to the vehicle-no well-founded suspicion of criminal activity necessary to justify detention where they did not witness a crime occur and positioning of vehicle did not block traffic-drugs found almost immediately after illegal detention, no break in chain of illegality sufficient to dissipate the taint

Watson, 33 FLW 2022, 4th DCA, in light of def failure to subpoena a witness and he does not appear for trial defense can't get a writ of attachment or get a motion for continuance when the witnesses needed did not respond to the subpoena by the state-even if testimony was essential to the case

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

No comments: