Saturday, February 5, 2011

Law Updates for January 21, 2011

Ruiz, 36 FLW 99, 4th DCA, Search and Seizure, Consent, Voluntariness - The Appellate court must defer to the express finding of credibility made by trial court in denying motion to suppress drugs found in def's apartment.  Although pages on record, Appellate Court finds police version of events regarding def's consent unbelievable - good dicta

M.M., 36 FLW 105, 1st DCA, Resisting officer without violence - Juvenile's refusal to give name or identification to requesting officer did not constitute resisting or obstructing where juvenile was neither under arrest nor otherwise lawfully detained at the time of refusal.

M.W., 36 FLW 111, 2nd DCA, Obstruct or oppose officer without violence, lawful execution of legal duty - Trial court erred in finding that juvenile committed a delinquent act of obstructing or opposing an officer without violence where obstruction occurred during warrant less arrest for a misdemeanor assault outside the presence of an arresting officer.  School administrator is not a fellow officer whose observation of the assault could be imputed to the arresting officer.

Caldwell, 36 FLW 115, 2nd DCA, Voir Dire, Cause - Trial court abused its discretion when it denied def's challenge for cause to juror whose responses brought into question her ability to be impartial to a def who might not testify.  Good language is not the defense duty to rehabilitate the juror and reasonable doubt is not overcome by the juror's silence to a question later to the whole panel as to that general issue.

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

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