September 12, 2008

Sinclair, 33 FLW 2091, 3rd DCA, Arresting ofc's testimony was sufficient to identify substance seized from defendant as crack cocaine-sufficiently experienced ofc may opine regarding the identity of crack cocaine in VOP hearing

Pantoja, 33 FLW 2114, 1st DCA, Impeachment- L & L molestation-trial court properly excluded evidence that victim recanted a prior accusation against another person-evidence was properly excluded under rule that a witness credibility may not be attacked by proof she committed specific acts of misconduct that did not result in a criminal conviction-exclusion of evidence did not violate def's right to confrontation of witnesses-conflict certified-Jaggers 536 So. 2d 327(2nd DCA)

Evans, 33 FLW 2119, 5th DCA, once resident informed that a duffel bag belonged to a third person, it was not objectively reasonable for ofc to search the duffle bag without making further inquiry-resident of apt did not have apparent authority to consent ot search the contents of a duffel bag where resident did not have common control or mutual use of the duffel bag

C.E.L., 33 FLW 2120, 2nd DCA, En Banc, Resisting, obstructing an officer without violence, 843.02, police commanded the def to stop was issued in lawful performance of a legal duty and def's knowing defiance of the command was an act of resisting-a person who knowingly fails to heed a police order to stop is guilty when an order to stop is justified under Wardlow, which held unprovoked flight in a high crime area was suggestive of wrongdoing and provided reasonable suspicion justifying an investigatory detention, offense under 843.02 is committed when the person fleeing defies a lawful order even if justification for detaining does not exist and initial flight is not a crime

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