Archived Updates, June 20, 2008
UPDATES TO FLORIDA LAW
(with thanks to Barry Butin)
June 13, 2008
Young, 33 FLW 1445, 4th DCA, consensual encounter, error to deny motion to suppress marijuana found on the def where encounter was not consensual and there was no reasonable suspicion or pc to justify the stop-def expressed a clear desire not to engage into a consensual encounter when he walked away from the officer who was hailing him-where def ignored one ofc and walked away and another ofc obstructed the def's movement while the first ofc continued to call him over, encounter was not consensual, as reasonable person would not feel free to leave
Lindo, 33 FLW 1446, 4th DCA, Trafficking in Marijuana-package detention-UPS-temporary detention of package at UPS for a dog sniff was not unreasonable as to interfere in any meaningful way with the def packages, not a seizure within the meaning of the 4th A.-no seizure state did not have to establish reasonable suspicion-dog sniff not a search and 4th A. not implicated
Caldwell, 33 FLW 1485, 4th DCA, search and seizure-mere administration of Miranda warnings to potential suspect with whom the officer is engaged in consensual encounter does not, by itself, transform that encounter into investigatory stop-conflict certified, see Raysor 795/1071(4th DCA 2001)
Hines, 33 FLW 1493, 1st DCA, robbery with firearm-collateral crimes-where def was subsequently acquitted by a jury in another prosecution for possession, on the date of the armed robbery at issue in this case, of a firearm by a convicted felon, admission of evidence that defendant possessed the same firearm on the date of the robbery requires reversal of the conviction and remand for a new trial-question certified
PRIOR UPDATES
(with thanks to Barry Butin)
June 13, 2008
Young, 33 FLW 1445, 4th DCA, consensual encounter, error to deny motion to suppress marijuana found on the def where encounter was not consensual and there was no reasonable suspicion or pc to justify the stop-def expressed a clear desire not to engage into a consensual encounter when he walked away from the officer who was hailing him-where def ignored one ofc and walked away and another ofc obstructed the def's movement while the first ofc continued to call him over, encounter was not consensual, as reasonable person would not feel free to leave
Lindo, 33 FLW 1446, 4th DCA, Trafficking in Marijuana-package detention-UPS-temporary detention of package at UPS for a dog sniff was not unreasonable as to interfere in any meaningful way with the def packages, not a seizure within the meaning of the 4th A.-no seizure state did not have to establish reasonable suspicion-dog sniff not a search and 4th A. not implicated
Caldwell, 33 FLW 1485, 4th DCA, search and seizure-mere administration of Miranda warnings to potential suspect with whom the officer is engaged in consensual encounter does not, by itself, transform that encounter into investigatory stop-conflict certified, see Raysor 795/1071(4th DCA 2001)
Hines, 33 FLW 1493, 1st DCA, robbery with firearm-collateral crimes-where def was subsequently acquitted by a jury in another prosecution for possession, on the date of the armed robbery at issue in this case, of a firearm by a convicted felon, admission of evidence that defendant possessed the same firearm on the date of the robbery requires reversal of the conviction and remand for a new trial-question certified
