Friday, December 11, 2009

Law Updates for December 4, 2009

B.O., 34 FLW 2442, 4th DCA, Juveniles. Where charging document alleged only that the juvenile committed two counts of grand theft of a firearm, but did not allege in that in stealing the firearms juvenile possessed or used a firearm, it was error to increase the standard penalty to 15 days of secured detention pursuant to 790.22(9). Statute is not applicable where petition neither cited the statute nor alleged that, in committing the theft, the juvenile used or possessed a firearm.

Carter, 34 FLW 2444, pg. 2446-7, 4th DCA, Language about suppressing photo lineups, found for the state, may want to save in files.

Carter, 34 FLW 2466, search and seizure - prescription records. Error to grant motion to suppress records obtained from a pharmacy by an investigating law enforcement officer. 893.07(4) requires pharmacies to make controlled substance records available to law enforcement and does not require the pharmacies to notify the patient or withhold such records until a warrant is presented. Privacy Provision of Florida Constitution does not support suppression of records in this case. Regulation and control of medical records is a vital governmental interest and substantially outweighs privacy interests.

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

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