Monday, June 20, 2011

Law Updates for June 11, 2011

DMV v. Hernandez, 36 FLW 243, Sup Ct., A driver's license suspension can be predicated upon a refusal to take a breath test only if the refusal is incident to a lawful arrest.

Corona, 36 FLW 247, Sup Ct., Discovery deposition does not satisfy Crawford.  Defendant does not have the opportunity to cross-examine a declarant of a testimonial statement.  Defendant's constitutional right of confrontation was violated when officer allowed to testify concerning statements made immediately after incident by the victim, where the def did not have adequate opportunity to cross examine the victim, victims statements to the police were testimonial and no ongoing emergency and taken to determine if criminal activity had taken place.

Sun, 36 FLW 4th DCA, trial court properly suppressed def patient contracts and statements from his doctors which police officer obtained without a subpoena or a warrant.  Patient contacts fall within the scope of privacy in medical records and doctors statements fall within the scope of doctor-patient privilege.  Trial court properly denied motion to suppress def's pharmacy records which were obtained without a subpoena or warrant.

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

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