Wednesday, July 6, 2011

Law Updates for July 1, 2011

Majors, 36 FLW 1355, 1st DCA, No reasonable suspicion or community caretaking, i.e. public safety and welfare, function where the officers stopped a vehicle backing out of a space after receiving a call from a bank reporting strange activity by a customer who was attempting to withdraw a large amount of cash, wanted to make a check payable to a driver of a vehicle that was parked in front of the bank, and kept going back and forth between the vehicle and the bank, acting strangely and having discussions with the people in the vehicle.  Officers said they did not suspect a crime was being committed when they stopped the vehicle.

Casias. 36 FLW 1366, 2nd DCA, DNA statistician testimony - The expert never identified or explained the methodology she used to complete her statistical analysis. She did not testify that she knew how the statistical program worked, or that she was required to know how it works, or she was able to do the statistical calculations by hand.

M.D., 36 FLW 1372, 1st DCA, School searches - An anonymous tipster called school and told them that student had carried a gun three months earlier.  School resource officer asked school security guard to escort student to security office.  A search of student pursuant to general school policy was not unlawful.  Allegations of gun possession on school campus are different from traditional 4th cases.

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

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