Wednesday, August 19, 2009

Law Updates for August 14, 2009

Flowers, 34 FLW 1577, 4th DCA, Confidential Informant (CI) - Police had probable cause to seize the def when he arrived at a parking lot where CI had arranged to meet the def, given that the police confirmed informant's reliability by matching apt address and vehicles which informant id'd to def's driver license and vehicle registration, and by observing def arrive for another drug buy at specific time and place at which the def told him and given informant's statement he repeatedly bought drugs at def's apt in recent past. K-9 alert to def's vehicle gave police further cause to search the vehicle. Probable cause for issuance of search warrant for def's apartment based on informant's corroborated knowledge and results for vehicle search.

Cobb, 34 FLW 1600, 5th DCA, Hearsay-Dying Declaration- Although murder victim's dying declaration was testimonial, trial court did not err in allowing officers to testify as dying declaration is an exception to the Sixth Amendment Confrontation Clause. Def's right of confrontation was not violated because he had opportunity to cross-examine the officers about the dying declaration.

Gil, 34 FLW 1602, 5th DCA, Due process was not violated by police act of notarizing affidavits that had been signed by a CI using a fictitious name. Use of false name was for purpose of protection. Erred but did not intent to commit a fraud when he notarized the affidavits. Learned from his mistake and now includes the term "alias" on future affidavits.

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

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