Law Updates for March 5, 2010

F.E.H., Jr., 35 FLW 451, 4th DCA, unlawful stop - juvenile detained - reasonable person not feel free to leave. After the juvenile walked away from the ofc's presence the detective called him back and the juvenile returned because he was a policeman, "I had to come back." Juvenile's response was more of a surrender to authority than act of free will. Convergence of other police officers conducting a sweep involving others plus ofcs command was an investigate stop-no reasonable suspicion here juvenile was standing in an open parking lot on a street corner and people often cut the corner and walked through this unenclosed lot. No evidence a sign was posted and juvenile had already left the lot when he was stopped.

DeLa Osa, 35 FLW 455, State's writ of cert. denied where the state tried to disqualify his defense attorney, a former statewide prosecutor, who was formerly in charge of the unit where the charges had been filed four years after her departure from that office.

Benemerito, 35 FLW 456, 4th DCA, no reasonable suspicion when ofc, who had been patrolling a parking lot due to numerous complaints of drug transactions at the store, could not stop the def's car where the def's vehicle was parked at the entrance to the store. A truck entering the parking lot parked a few spaces away from the def's vehicle, truck driver walked to the def's vehicle and entered the backseat, and the truck driver leaned forward and extended his hand before exiting the vehicle and driving off in the truck. The ofc did not see drugs or money, or see a hand to hand transaction.




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