Tuesday, July 14, 2009

Law Updates for July 10, 2009

Harman, 34 FLW 1336, 2nd DCA, Court abused discretion in denying expunction based on finding that the charged offense was serious, 2nd D. Murder, and petitioner had been previously accused of domestic violence. Seriousness of offense alone is not enough to deny the petition and that the domestic case was with the same person (wife) who was murdered that the state nolle prossed when they could not prove corpus delicti. Remand for reconsideration of petition.

Santiago, 34 FLW 1356, 4th DCA, DSP, where defense filed a motion to dismiss stating that property at issue, a power washer, was on loan to the def. He pawned the washer because he needed the money, but before he could redeem it from the pawnshop and return it as per his agreement with the lender, police charged him, and state failed to file a traverse to undisputed fact that the def's permission to use the washer included the right to pledge it temporarily to the pawn shop for money. Trial court properly granted the motion to dismiss. Record does not support state argument that the def agreed to an oral traverse.

King, Sr., 34 FLW 1367, 1st DCA, Investigatory stop of vehicle. BOL for one who attempted to break into a house did not provide reasonable suspicion to justify investigatory stop of vehicle where length of time and distance from the offense was a neutral factor. Vehicle differed, although not dramatically, both in color and make, and the only objective information upon which the officers ultimately relied upon was the race of the perpetrators. Error to deny motion to suppress cocaine in passenger's pocket after officer removed a pocketknife containing a dusting of cocaine from the vehicle's center console.

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

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