June 6, 2008

Luyao, 33 FLW 1406, 4th DCA, trafficking in oxycodone, trial court erred in allowing state to present evidence regarding def's legal gambling for purpose of motive in trafficking as state to draw sufficient connection made between the gambling and alleged trafficking

McNeil, 33 FLW 1417, 2nd DCA, patdown-vehicle passenger-ofc did not have the authority to search the passenger in lawfully stopped vehicle for weapons absent reasonable belief that the passenger was armed and dangerous-error to deny the motion to suppress

Dubon, 33 FLW 1429, 1st DCA, statements of defendant-error to deny motion to suppress custodial statements where def said at least three times during custodial interrogations, "I have nothing to say" but officers continued to question him until he confessed-def's statement sufficient to invoke right to remain silent

Leroy, 33 FLW 1434, 1st DCA, ofc did not have reasonable suspicion to justify detention of the defendant for trespass investigation where def was sitting in his vehicle in area known for drug activity-officer "lit up" def's vehicle, approached def in confined space between two vehicles while in uniform. and was joined by 2 other officers. def was seized. seizure not lawful where there was no reasonable suspicion the def was committing, had committed or was about to commit a crime-fact that the def was sitting alone in a high crime area, standing alone was insufficient to establish reasonable suspicion-def consent to search was fruit of illegal police conduct was rendered involuntary

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