May 30, 2008

McDonnell, 33 FLW 1337, 1st DCA, where police went to private residence at 4 in the morning and asked for consent to search residence def refused consent to give consent to search, other ofcs remained at the scene when one ofc went to get a search warrant, and ofc asked for and received consent to search before the warrant was obtained, consent not voluntary(well-written opinion), totality of circumstances encounter took place at early morning lasted between one and a half and two hours, four officers present, because there was pc for issuance of the warrant for the residence ofc in process of obtaining the warrant when def consented ofc would have inevitably discovered evidence seized from the residence-GOOD DISSENT AS TO THIS ISSUE

Ellison, 33 FLW 1385, 2nd DCA, error to deny JOA where state failed to prove that def used deception or intimidation with intent to deprive elderly person of his funds, assets or property

T.R.T., 33 FLW 1387, 2nd DCA, vehicle stop-juvenile's actions of sitting in parked vehicle in alley behind vacant building in high-crime area in early morning hours and turning lights off then on again did not provide reasonable suspicion that juvenile was committing offense of L & P-not give rise to reasonable suspicion sop of vehicle was illegal and trial erred in denying dispostive motion to suppress-discharge case

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