Tuesday, September 15, 2009

Law Updates for September 11, 2009

Pittman, 34 FLW 1809, 3rd DCA. Lewd and Lascivious. Info charged def with sex battery +12, did not adequately inform the def he would be subject to a conviction of LIO of lewd or lascivious battery, +12 -16. Remand to discharge the def from custody. State's last minute announcement on day of trial they intended to request jury charge on lesser offense clearly prejudiced the defendant and the nature of his defense

Mistral, 34 FLW 1817, 3rd DCA. exigent circumstances. Police received a call about a possible burglary in progress at def's residence, took him into custody in his front yard and conducted a protective sweep of the house. Sweep was illegal police entered the house without consent, exigent or a search warrant. Ofcs entered the house as a routine practice not on the basis of articulable facts that would warrant a reasonable belief that there was any dangerous individual inside whose posed a threat to those on scene.

Cable, 34 FLW 1827, 2nd DCA, knock and announce. Exclusionary rule applies to Florida statutory knock and announce law. Goes further than the U.S. Supreme court case of Hudson v. Michigan, certified to the Florida Supreme Court.

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

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