Archived Updates, July 11, 2008
UPDATES TO FLORIDA LAW
(with thanks to Barry Butin)
July 11, 2008
Kasischke, 33 FLW 481, S. Ct., sexual offender probation, 948.03(5)(a)(7) prohibits one on probation or c.c. from viewing, owning or possessing any pornographic....including computer services that are relevant to offender's deviant behavior-error to revoke c.c. for violation of this condition where pornographic materials(adult) possessed by def did not relate to his deviant behavior(15 year old and oral sex), Legislative History
Wyche, 33 FLW 509, Fla, consent-voluntariness, totality of circumstances the court did not err in denying the motion to suppress to suppress saliva swabs and DNA test results, although police investigator, who at the time was investigating a sexual assault case in which def was ultimately exonerated obtained def consent by telling him his DNA was needed in the investigation of a fictitious burglary and eventually charged in another burglary case based on the sample received-circumstances did not involve any threat or promise that might have induced def's consent-district court ruling not in conflict with a 4th DCA ruling where a trial court found that the def's consent was coerced because in that case, investigating officer told the def he was a suspect in a rape, which was fictitious and that a saliva sample would exclude him from a rape investigation-stigma of rape investigation is circumstance to consider whether the consent was voluntary or coerced, McCord, 833 So. 2d 828(4th DCA 2002)
PRIOR UPDATES
(with thanks to Barry Butin)
July 11, 2008
Kasischke, 33 FLW 481, S. Ct., sexual offender probation, 948.03(5)(a)(7) prohibits one on probation or c.c. from viewing, owning or possessing any pornographic....including computer services that are relevant to offender's deviant behavior-error to revoke c.c. for violation of this condition where pornographic materials(adult) possessed by def did not relate to his deviant behavior(15 year old and oral sex), Legislative History
Wyche, 33 FLW 509, Fla, consent-voluntariness, totality of circumstances the court did not err in denying the motion to suppress to suppress saliva swabs and DNA test results, although police investigator, who at the time was investigating a sexual assault case in which def was ultimately exonerated obtained def consent by telling him his DNA was needed in the investigation of a fictitious burglary and eventually charged in another burglary case based on the sample received-circumstances did not involve any threat or promise that might have induced def's consent-district court ruling not in conflict with a 4th DCA ruling where a trial court found that the def's consent was coerced because in that case, investigating officer told the def he was a suspect in a rape, which was fictitious and that a saliva sample would exclude him from a rape investigation-stigma of rape investigation is circumstance to consider whether the consent was voluntary or coerced, McCord, 833 So. 2d 828(4th DCA 2002)
