Friday, March 4, 2011

Law Updates for February 25, 2011

McKelvin, 36 FLW 347. 4th DCA, Anonymous tip - Investigatory stop of the vehicle, where unidentified anonymous person approached officers and gave them a detailed description of a vehicle, including its tag number, and the occupant of the vehicle, who was engaged in suspected illegal activity.  The officer did not have reasonable suspicion justifying an investigatory stop of the vehicle, where the information provided by the anonymous source was not sufficiently corroborated by the officers.  Tipster was not a citizen informant; no different from someone who gives info over the phone where the informant gave no contact information or other way to locate the informant.

Bonge, 36 FLW 354, 1st DCA, Battery - Given facts of the case, which were admitted by the State, State could not establish that the def intended to touch his infirm and elderly mother against her will when he lifted her from her wheelchair and placed her in his car for transport to the emergency room.  Error to deny def's motion to dismiss.

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

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