Wednesday, December 17, 2008

December 12, 2008

Larimore v. State, 33 FLW 948, Fla, Civil Commitment-individual must be in lawful custody when the state takes steps to initiate proceedings pursuant to Jimmy Ryce Act in order for the circuit court to have jurisdiction to hear this matter.

Nowak, 33 FLW 2788, 5th DCA, even though substantial evidence supported the trial court finding to suppress statements pursuant to not waiving her Miranda rights when the def disclosed location of the car pursuant to her illegal statement court properly held law enforcement would have found the car legally, even if the def had not led them to it, trial court erred in finding that the police could not search the car because they did not have pc to believe it contained any additional evidence of the crime that was ultimately charged in this case, police had practical common sense basis to conclude that def's car likely contained additional offense of her alleged criminal conduct based on items lawfully seized from the def and victim's statement to the police, pc to search car.

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

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