Archived Updates, June 27, 2008
UPDATES TO FLORIDA LAW
(with thanks to Barry Butin)
June 27, 2008
Oliver, 33 FLW 1582, 2nd DCA, Plain view of someone's backyard after anonymous tip with no reasonable suspicion to support warrant less entry into a backyard surrounded by a chain-link fence-saw def drop a baggie and other move hands in furtive motion-unable to id baggie's contents with certainty from her vantage point outside the fenced yard and illicit nature of the baggie was not immediately apparent and only discoverable upon closer inspection after warrant less entry
Armstrong, 33 FLW 1594, 3rd DCA, Violation of plea agreement-cooperate by providing truthful testimony consistent with his sworn statement info on a co-def participation in a drug trafficking case-def not breech a plea agreement by writing a letter to co-def he had earlier implicated, advising the co-def to go to trial as he would take the blame-plea agreement did not have condition of no contact with the co-def, state decision not to elicit def testimony in co-def trial because def letter created impeachment material is not evidence that def breached the plea agreement
Herrera-Fernandez, 33 FLW 1604, 4th DCA, error to deny motion to suppress found in def garage during a warrant less search where def did not consent to LEO entering the home and no exigent circumstances were found to exist-unreasonable seizure violated the 4th A.
Tribble, 33 FLW 1608, 4th DCA, trial court imposed unlawful sentence when it withheld adjudication and imposed court costs-withhold adjudication can only be done in a felony case where the person is placed on probation
Joseph, 33 FLW 1610, 4th DCA, voir dire challenge for cause should have been upheld where def went into trial with a presumption of guilt, reversible error, where def had to take an objectionable juror as he had to use a strike, even though juror said he could be fair and impartial coupled with above statement there was reasonable doubt as to juror's ability to believe the def was presumed innocent
PRIOR UPDATES
(with thanks to Barry Butin)
June 27, 2008
Oliver, 33 FLW 1582, 2nd DCA, Plain view of someone's backyard after anonymous tip with no reasonable suspicion to support warrant less entry into a backyard surrounded by a chain-link fence-saw def drop a baggie and other move hands in furtive motion-unable to id baggie's contents with certainty from her vantage point outside the fenced yard and illicit nature of the baggie was not immediately apparent and only discoverable upon closer inspection after warrant less entry
Armstrong, 33 FLW 1594, 3rd DCA, Violation of plea agreement-cooperate by providing truthful testimony consistent with his sworn statement info on a co-def participation in a drug trafficking case-def not breech a plea agreement by writing a letter to co-def he had earlier implicated, advising the co-def to go to trial as he would take the blame-plea agreement did not have condition of no contact with the co-def, state decision not to elicit def testimony in co-def trial because def letter created impeachment material is not evidence that def breached the plea agreement
Herrera-Fernandez, 33 FLW 1604, 4th DCA, error to deny motion to suppress found in def garage during a warrant less search where def did not consent to LEO entering the home and no exigent circumstances were found to exist-unreasonable seizure violated the 4th A.
Tribble, 33 FLW 1608, 4th DCA, trial court imposed unlawful sentence when it withheld adjudication and imposed court costs-withhold adjudication can only be done in a felony case where the person is placed on probation
Joseph, 33 FLW 1610, 4th DCA, voir dire challenge for cause should have been upheld where def went into trial with a presumption of guilt, reversible error, where def had to take an objectionable juror as he had to use a strike, even though juror said he could be fair and impartial coupled with above statement there was reasonable doubt as to juror's ability to believe the def was presumed innocent