Law Updates, May 1, 2009

Youngblood, 34 FLW 817, 2nd DCA, Error to deny motion to suppress statements made by def during videotaped interrogation by law enforcement where ofcs did not cease communication with the def and he unequivocally invoked his right to counsel. Police continued on a course designed to convince him to reconsider his invocation of his constitutional rights in order to protect his girlfriend.

Ortiz, 34 FLW 829, 5th DCA, EXIGENT CIRCUMSTANCES, Residence, warrant-less entry into def's home and subsequent seizure of cocaine and drug paraphernalia were improper where ofc had been informed by a local elementary school that six year old's parents failed to pick him up from school and school could not contact his parents by phone. Ofc drove child to home address, no lights were on in the house and no one answered when child knocked on the front door. No car was in the driveway and nothing was amiss. Ofc lacked reasonable basis to believe that grave emergency existed that it made imperative that he enter the house without a warrant
-CONSENT- Assuming that six year-old child had the authority to consent to ofc's entry into common areas of the home, record failed to establish that child could validly consent to entry of locked master bedroom where contraband was found, and nothing in the record demonstrates that once at the locked bedroom door, any exigency was apparent that authorized the officer to enter the bedroom. Court is unwilling to adopt community care taking exception in case of residential searches

Finney, 34 FLW 841, 2nd DCA, County court erred in sentencing def to jail for VOP where original plea that led to probation was without counsel and def did not waive his right to counsel. Indigent def was entitled to counsel unless court entered a written order of no incarceration. Could not impose jail for original charges, could not impose for VOP. Def did not waive right to counsel by signing deficient plea form. Plea form was deficient: provided misleading impression that indigent def lacks right to counsel so long as trial judge is not currently considering jail sentence as an appropriate sentence







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