Law Updates for April 17, 2009

Mathis, 34 FLW 736, 3rd DCA, C.I. Tip - officer did not have probable cause to search the def on the basis of a reliable c.i. tip that the informant had seen the man make a hand-to-hand transaction by a described man at a specific location where the informant did not describe the type of drugs sold or the method of delivery, and there was no evidence that the location had any prior history of drug transactions or that the officer had any prior knowledge of def's involvement in drug dealing. Hand-to-hand standing alone insufficient, under totality of circumstances, to provide officer with probable cause to search the def -see Chaney, 956/535(4th DCA 2007)

K.H., 34 FLW 739, 3rd DCA, Battery LEO-Ofc did not have pc or founded suspicion that juvenile was committing an offense(L & P) ofc not engaged in lawful performance of legal duties when he stopped the juvenile-error to convict juvenile of Battery L.E.O-remanded to reduce to battery as pushed ofc when he attempted to grab him-Act of placing hands on and looking inside window of vehicle with dark tinted windows not L an P




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