Tuesday, August 17, 2010

Law Updates for August 13, 2010

E.J., 35 FLW 1728, 4th DCA, vehicle passenger consent - Passenger did not consent to pat down by spontaneously turning and placing her hands on the top of the car, and spreading her legs, after she exited the vehicle at the request of the officer for an inventory search where the driver was arrested for DUI. Passenger merely acquiesced to police authority. The passenger was 14 year old juvenile and first encounter with the police. Officer did not requested consent and juvenile copied what the arrested driver was doing. Frisk not supported by reasonable suspicion as the police had no information that the def was armed and dangerous.

Wicklow, 35 FLW 1734, 4th DCA, Prosecutorial Misconduct - New trial cumulative effect elicited sympathy for the victim, suggested improper defense tactics, disparaged defense counsel, and improperly bolstered credibility of key witness. The combined effect of this improperly led to a conviction.

Beahan, 35 FLW 1760, 1st DCA, suppress evidence - No reasonable suspicion that the def was impaired at the time of the traffic stop, therefore subsequent search of the vehicle was unlawful. Evidence seized from the vehicle should have been suppressed. Neither fact that def was driving slowly in residential neighborhood, fact he stopped a few times on the side of the street, made improper u-turn, nor fact that took place in area where drug transactions are known to take place is sufficient to support decision def was driving his car impaired.

Kates, 35 FLW 1795, 1st DCA, Resist ofc without violence - Error to admit detailed testimony regarding an uncharged drug transaction to describe events leading up to the charged offenses. Was not necessary for jury's understanding of officers encounter with the defendant.

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

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