Wednesday, August 12, 2009

Law Updates for August 7, 2009

Ramirez, 34 FLW 1520, 1st DCA, voluntary statement of def- Trial court erred in denying motion to suppress taped interrogation video, where detective offered several times to help the def in exchange for his cooperation without specifying the type of help he could offer. Absence of an express quid pro quo did not insulate police misconduct from claims of undue influence or coercion. Under totality def's statements were induced by improper police misconduct.

Monforto, 34 FLW 1538, 2nd DCA, deadlocked jury. Instructions improper where remarks could be interpreted as coercive. Jury could think not go home until they reached a verdict. Trial court spoke to jury foreman about the nature of the dilemma and he said legal issue, went back and jury never sent a question to the court, verdict came back ten minutes later even though twice before said they had reached an impasse. Jury announced numerical split, court gave improper Allen instruction, fundamental error.

J.C., 34 FLW 1542, 2nd DCA, Officer illegally detained juvenile without reasonable suspicion of a crime where 2 officers wearing range vests and badges pulled over, exited their car, and while approaching juvenile told him, "Hey, I've got to talk to you for a minute. Hang on." Statement amounted to order and show of authority. Reasonable person would not feel free to walk away but feel compelled to comply with a police officer's command to "hang on." Investigatory stop for which reasonable suspicion was necessary. Error deny motion to suppress.

McLaughlin 34 FLW 1555, 2nd DCA, GT Statute of limitations. State did not commence prosecution within the applicable statute of limitations. Evidence was insufficient to prove that "other process" issued after the information was filed where nothing in the record showed that counsel filed a written plea of not guilty or that counsel was notified of the def's arraignment, or that def or counsel knew that an information was filed against the def and that her prosecution was going forward in the usual way.

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

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