Tuesday, October 20, 2009

Law Updates for October 16, 2009

Aldin, 34 FLW 2046, 3rd DCA, search and seizure/consent - Where the def signed a form consenting to a search of the apt, but crossed out a part where it included a search of his vehicle. Search of def vehicle after towed to the police station was illegal. No valid consent and no search warrant. Not valid as a vehicle search incident to def's recent arrest. Tool boxes and gloves not admissible under inevitable discovery rule. Harmless error

Hardin, 34 FLW 2080, 2nd DCA, Trafficking in cocaine/search and seizure - Under totality of circumstances, def wife did not voluntarily consent to hand over to the officers a purse containing cocaine which she had concealed under the sheets of the bed, where three deputies, two of them male, were present in the room, and where the wife was naked under the sheets. Ofc advised def and wife at the outset they were looking for drugs, and ofcs, after a fruitless search of the motel room, had repeatedly told the wife that he knew she had drugs and promised her she would not charged if she cooperated. Although initial knock and talk were okay, continuing the encounter in the intimidating manner suggested by the record for at least an hour, and after two fruitless searches, exceeded the bounds of consent. Women consented to one women deputy to enter the room. No evidence she consented to the subsequent entry of two male deputies. Fact that car and license plate from an area that ofcs considered high in narcotic activity and difference between names on hotel registration and on license did not give reasonable belief that drug activity was afoot.

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

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