Thursday, October 30, 2008

March 14, 2008

Contreras, 33 FLW 177, Fla. SC, Pre-Trial Videotaped statement made by child victim to coordinator of the Child Protection Team were improperly admitted based on Crawford, because the statements were testimonial in nature, child was unavailable to testify at trial and the defendant did not have a meaningful opportunity to cross-examine the declarant-error was harmless as to Lewd and Lascivious conviction but not as to the sexual battery conviction-child was unavailable(long discussion) based on substantial likelihood of harm, important discussion about whether a deposition could be used in this case court ruled it did not afford the def the opportunity for cross-examination as the defendant was not present and it was not a perpetuated deposition

Blanton, 33 FLW 184, Fla SC, audiotape interview made with police investigator in which girl stated she was the person in photos and videos was testimonial out-of-court statement and was improperly admitted at trial where the girl was unavailable to testify and def did not have the meaningful opportunity for cross-examination-Crawford

C.A., 33 FLW 645, 3rd DCA, in-school search of juvenile no reasonable suspicion-where student was in the teacher's classroom at a time he was not supposed to be, teacher escorted him to the door, and upon returning to student who had been talking with the juvenile, immediately smelled strong odor of marijuana, this did not provide basis for taking the juvenile to the principal's office and asking the juvenile to empty his pockets and reveal anything he may have had in his wallet

Tedder, Jr., 33 FLW 704, 2nd DCA, Canine search did not provide pc for search as state did not show the dog was reliable, exact training the dog received, standards or criteria employed in dog training, track record of dog, amount of false alerts or mistakes the dog has furnished-contra, Coleman, 911 So. 2d 259(5th DCA 2005), Laveroni, 910 So. 2d 333(4th DCA 2005)

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

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