Wednesday, August 5, 2009

Law Updates for August 4, 2009

Navamuel, 34 FLW 1487, 4th DCA, - Error to deny motion to suppress evidence where law enforcement agents initially searched the def's home without a warrant or valid consent and then continued the search with a warrant based on illegally obtained evidence. Consent to search home is deemed involuntary where state failed to show, by clear and convincing evidence, a break in the chain of events of from the time the officers conducted the illegal stop and frisk in the def's driveway and obtained the def's consent to search the home. No argument or evidence that there was reasonable suspicion to justify an investigatory stop when the def was encountered in the driveway. Police did not have a reasonable belief that def was armed and dangerous to justify the pat down. Even if it was originally a consensual encounter, the illegal pat down converted it to an investigatory stop.

Hernandez, 34 FLW 1488, 4th DCA, Entrapment - Trial court erred in applying subjective entrapment as opposed to objective test(due process). Where claim was based on government's egregious conduct, court is unwilling to make rule that it is a per se violation for a government informant to offer illegal drugs to a known drug addict as an inducement to enter into illegal activity. Remanded to consider the right test.

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

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