October 3, 2008

Powell, 33 FLW 778, Fla, Miranda was deficient as def was not unequivocally informed informed that he had a right to an attorney present during custodial questioning here (a) right to talk to a lawyer before questioning and (b) right to use the right to consult a lawyer at any time during questioning-error not harmless-court decision is not retroactive

Deparavine, 33 FLW 784, Fla, Spontaneous statement exception to hearsay (long discussion), must be made at time of, or immediately following, declarant's observation of the event or condition described, must be made, without reflective thought and are limited to statements which "describe or explain" an event-present circumstances

Maldonado, 33 FLW 2303, 2nd DCA, Search and Seizure-Vehicle-Stop-where state conceded at suppression hearing that ofc detention of def following stop for malfunctioning brake lights and inoperable tag light was unreasonably prolonged, appellate court must assume that officer detained def for period longer than necessary to issue warning-def's lying, nervous behavior and presence on interstate which was a known drug corridor in the early morning hours did not establish reasonable suspicion of criminal activity to justify continued detention-error to deny motion to suppress-could not be convicted of RAWOV where ofcs who stopped the vehicle and other officers who assisted him in subduing the def were not engaged in the lawful execution of a legal duty at the time of the alleged resisting

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