Search for: "Ofc Pat"
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26 Jun 2009, 12:09 pm
Ofc further search of the def after the pat down was illegal. [read post]
3 Mar 2009, 3:15 am
Aime, 34 FLW 381, 4th DCA, Manslaughter with a firearm, evidence insufficient to support conviction where state failed to establish that the def was the shooter or aided and abetted in the shooting - def convicted of manslaughter with f/a as lesser included offense of first degree murder did not waive to raise sufficiency of evidence of manslaughter by failing to object to state's request for instruction of necessarily LIOReyes, 34 FLW 396, 3rd DCA, ofc had well founded suspicion… [read post]
25 Jun 2010, 8:27 am
., 35 FLW 1290, 4TH DCA, Pat down of juvenile during an investigatory stop was unwarranted and illegal. [read post]
17 Aug 2010, 1:16 pm
., 35 FLW 1728, 4th DCA, vehicle passenger consent - Passenger did not consent to pat down by spontaneously turning and placing her hands on the top of the car, and spreading her legs, after she exited the vehicle at the request of the officer for an inventory search where the driver was arrested for DUI. [read post]
29 Dec 2008, 4:27 am
., 33 FLW 2872, 5th DCA, L & P, Juvenile presence early in morning in residential area without more not enough for L & P, ofc justified in questioning juvenile when he discovered them wearing dark clothes, in the area of a 3:30 a.m. prowler report, during encounter no additional facts came to light to support arrest for L & P, fact that ofc discovered a pair of gloves in juvenile's pocket does not alter result-cites casesSmith. 33 FLW 2879, 4th DCA,… [read post]
21 Jan 2009, 4:07 am
., Murder case revered unlawful strike in voir dire for the following reasons; prosecutor's general feeling or "dislike" of juror not genuine race neutral, juror's age not legitimate where other juror left on jury was equally applicable and not challenged by the state, prosecutor's concern about juror following the law based on juror's wife job at day care center and his philosophy on death penalty was contradicted by the record, concern that juror felt he was judging… [read post]
26 Nov 2008, 4:06 am
Brown, 33 FLW 2632, 4th DCA, error to grant def's motion to prohibit the state form using uncounseled prior felony for enhancement of current DUI charge to felony where the def did not actually receive a sentence of imprisonment in prior case of face sentencing exceeding 6 months in that case-died did not allege his prior DUI included an accident-received in order to show he was subject to a possibility of more than 6 months in the prior case-fact he spent 48 hours in jail prior to his area and… [read post]
30 Mar 2010, 1:56 pm
Two concurrent felony pleas, even though one incident was before the other, is not considered a prior case.Mead, 35 FLW 617, 4th DCA, Intercepted communications: Law enforcement officer's direction to the victim to record any future conversations with the suspect was sufficient even if the ofc is not present. [read post]
30 Nov 2009, 9:15 am
It was unreasonable for police officer to perform a weapons search without having performed a pat-down of a 15 year old truant before putting her in the back of the police car to execute the ofc's statutory obligation to transport her to school where the officer had no basis to suspect the student of possessing any weapons. [read post]
