Wednesday, March 30, 2011

Law Updates for March 25, 2011

Ranglin, 36 FLW 561, 4th DCA, Court erred when it refused a challenge for cause to a juror that said under no circumstances would be appropriate for a man to hit a woman.  Reasonable doubt if juror could fairly consider the def''s case for self-defense.  Denial of cause challenge forced the def to use all of his peremptory challenges precluding him from expending challenges on other jurors and was reversible error.

Moncrieffe, 36 FLW 565, 4th DCA, Escape - Evidence failed to show defendant was validly arrested and in lawful custody of the police at the time of alleged escape.  Officer exceeded his authority by taking def into custody outside the territorial limits of his jurisdiction without a warrant.  Fact: there was pc to arrest is not controlling.

Hentz, 36 FLW 568, 4th DCA, Search and seizure, Intercepted communications - Error to deny motion to suppress evidence seized based on incriminating responses made by def, who was in his home, during telephone conversation with the co-defendant, who was in police interview room equipped with recording equipment sensitive enough to record both ends of the telephone conversation.  Officer intentionally intercepted def's oral communication within the meaning of the statute prohibiting interception of wire, oral or electronic communication.  Def had reasonable expectation of privacy in phone conversation at home, did not direct his conversation to multiple people and did not know the co-def was sitting in police interview room room  at the time of the conversation.

O'Brien, 36 FLW 574, 1st DCA, After def invoked right to counsel, police unlawfully initiated conversation with the def (40 minutes later).  He expressly asked would the def be willing to reconsider and speak with a detective at the station and officer stated we'd appreciate it when the def was vacillating, and telling the def the truth would come out after the authorities interviewed the child victim.  Def subsequent written waiver was involuntary.  New trial, Harmful error.

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

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