Thursday, December 3, 2009

Law Updates for November 27, 2009

Abbey, 34 FLW 2372, 4th DCA, Probable cause for issuance of search warrant for "black box" from def's vehicle. Affidavit showing excessive speed in residential area sufficient to evince a "reckless disregard for human life or the safety of persons exposed to speed" as required to establish vehicular homicide. Error to grant motion to suppress

Pierre, 34 FLW 2374, 4th DCA, First degree felony murder. Statement of defendant, "I'm not saying anymore," followed by over a minute silence, and subsequent questioning violated Def's Miranda rights. Accusatory statement, "You're Turtle," made by detective upon reentering the room amounted to questioning where detective had already told the defendant he was taking def's picture to show witnesses who could id participants in robbery-murder and had already asked the def at the beginning of the interview if he was Turtle. Fact that this detective did not know def had invoked his right to silence does not avoid Miranda. Error to deny to suppress statement.

Bowers, 34 FLW 2384, 2nd DCA, Fellow officer rule. The testimony of ofc who investigated the DUI regarding what the ofc who stopped him told him about the def's driving was hearsay and not admissible to prove that the stopping officer witnessed the def violate a traffic law. The fact that DUI investigator was called to the scene after the stop was completed did not make him a fellow officer for purposes of determining if there was probably cause to support the traffic stop. Conflict with Ferrer, 785 So. 2d 709(4th DCA 2001)

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

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