Tuesday, May 26, 2009

Law Updates for May 15, 2009

Ingmire, Jr. 34 FLW 894, 2nd DCA, excess of plea agreement. Error to impose 15 year sentence based on def's willful failure to appear in violation of plea agreement where the state presented no evidence that the def's actions were willful, relevant evidence without the def's testimony was that he erred and compounded the error through well-intended but improper action

L.P. 34 FLW 909. 3rd DCA, search and seizure. Ofc stopped vehicle in which juv was a passenger after 2:00 a.m. and determined he was violating the curfew. After he received his age he detained him and ordered him out of the vehicle told him to put his hands on the car and stay put. No reasonable grounds to believe he was in violation of the curfew ordinance where the ofc did not ascertain juvenile's reason for being in public after curfew hours. No pc for curfew violation prior to juv admitting he had marijuana on him. Not sufficiently attenuated from the illegal seizure

Panter. 34 FLW 921, 1st DCA, ofc who observed a hand to hand transaction of an unknown nature between the occupants of a van and a person who exited a house known for narcotics sales did not have reasonable suspicion of criminal activity to justify investigatory stop of occupants of the van. Denied motion to suppress where ofc had detained the def and another occupant of the van, informed that a K-9 unit would be brought there, and K-9 dog alerted on the van

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

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