Tuesday, February 8, 2011

Law Updates for February 5, 2011

Simms, 36 FLW 206, 2nd DCA,  Neither the anonymous tip, received at 10:30 p.m. on Halloween night, reporting that a thin, dark-haired, six foot tall man wearing a flannel shirt and pants was trying to open car doors on the block in a certain residential neighborhood, nor the officer's observation of the defendant was sufficient to provide the officer with a basis for officers to stop the defendant on suspicion of attempted burglary of automobiles.  Arrest for loitering and prowling cannot be based on anonymous tip and conduct observed by the officers did not create a level of imminent harm or danger needed for detention and subsequent arrest for loitering and prowling.  Error to deny motion to suppress evidence found in search incident to lawful arrest

Reyes, 36 FLW 209, 2nd DCA, Voir Dire/Cause - Court erred in denying cause in a sex case where juror described her involvement with child victims of sexual abuse and sex abuse issues in her family and jurors responses during voir dire clearly did not express a final, neutral, and detached determination to sit as a fair and impartial juror.

Ha, 36 FLW 220, 1st DCA, Motion to Withdraw - The plea should have been granted.  The Judge improperly initiated plea discussions. Judge did not allow the def to withdraw plea even though he later determined that sentence in excess of plea agreement had to be imposed.  Trial judge stated and implied that def would have received lesser sentence if pled prior to jury selection, and it appears that not all the discussion with the judge about the plea was on the record.

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

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