Thursday, October 30, 2008

March 21, 2008

Wells, 33 FLW 735, 4th DCA, illegal stop-witness testimony was sufficiently attenuated from the illegal stop to be admissible where the records shows witness testified willingly at trial, that illegal stop of the vehicle played no role in securing the witness cooperation and witness first spoke to the police after the illegal search and he testified at trial two years later-witness was not the one stopped and was not coerced or influenced by the police misconduct-witness consent to the search of his apt was intervening circumstance that broke the chain of events that began with the stop so that the items taken from the apt was sufficiently attenuated from the illegal stop in order to present that evidence at trial

**DHSMV v. Pelham, 33 FLW 765, 5th DCA, refusal to take the breath test-license suspension may not be predicated on refusal to take the test that is the product of an unlawful arrest-amendments to statutory review procedure and reading of the staff analysis are not indicative of legislative intent-question certified-IMPORTANT CASE

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

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