October 30, 2008

Jardines, 33 FLW 2455, 3rd DCA, where police received a tip as to criminal activity and observed other indications of criminal activity, officer had right to walk to front door of residence, and officer and dog were lawfully present at the front door of the residence, affidavit alleging that drug detection dog alerted to odor of marijuana inside residence was probable cause for search warrant-conflict certified, Raab 920 So. 2d 1175(4th DCA 2006)

DiPietro, 33 FLW 2470, 4th DCA, Third DUI, circuit court applied the correct law in concluding the defendant's two prior out-of-state convictions for driving while impaired qualified as prior offenses for purposes of imposing enhanced penalties for third alcohol-related offense, MacAdam v. State out of state DWAI offenses were sufficiently similar such that they could be used as prior convictions for enhanced sentencing.

Petion, 33 FLW 2505, 2nd DCA, consent to search vehicle. The stop of vehicle for inoperable tag light and illegal window tinting was illegal, where def initially gave his voluntary consent to search of the vehicle, including containers and compartments within the vehicle, def did not withdraw his consent by nonverbal communication when he failed to assist officers in opening a secret compartment inside the vehicle and simply shrugged when the officer explained that he would need to use tools to force the compartment open again.

Johnson, 33 FLW 2515, 1st DCA, defendant, who was passenger in the vehicle, which was stopped for failure to have the vehicle tag light and gave consent to the search of his person, was illegally detained when officer asked her to "sit tight" as def opened the door to exit the vehicle-illegal detention of def after he had given consent to search of his person, but before police conducted the search, created a taint which could only be overcome by a sufficient break in the chain of illegality, no evidence a break occurred search of def was non-consensual and evidence improperly seized.

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