May 16, 2008

May 16, 2008

Gray, 33 FLW 1261, 4th DCA, error to deny motion to suppress physical evidence and statements made by the def after officer responding to BOLO immediately arrested him, handcuffed him and administered Miranda warnings where ofc lacked pc to make warrantless arrest-earlier consensual encounter in which a fellow officer, who later issued BOLO, observed def side-stepping diagnoally up driveway between two cars and asked def to come over and talk to him, def approached gave ofc his name and consented to a frisk by a second officer, and ofc allowed the def to continue on his way did not give the ofc reasonable belief that the def had committed or was committing the crime-facts and circumstances within the ofc's knowledge was insufficient to warrant reasonable belief that def was committing or about to commit a trespass-Fact that ofc who issued th eBOLO found black powder on the grass did not raise reasonable suspicion that def had been carrying the pistol on or about his person or had discarded it

Baker, 33 FLW 1264, 4th DCA, Def was erroneously convicted of child abuse where the state failed to present any evidence of the mental injury of the offense-there was no evidence that def's acts could be reasonably be expected to result in an injury to the intellectual or psychological capacity to the child, as evidenced by a discernible and substantial impairment in the ability to function within the normal range of performance and behavior

Byrd, 33 FLW 1275, 2nd DCA, Trial court abused discretion in denying Motion to Sever charge of agg stalking of def's former girlfriend from separate charge of agg battery of another victim where battery, which occurred prior to stalking, was not causally relating to stalking of def's former girlfriend

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