Law Updates for April 9, 2010

Hankerson, 35 FLW 742, 4th DCA, Police observed the def exchange some object for paper currency at residence where ofc believed people might be selling drugs, and drive away pocketing what he received from others. Officers pulled the def over and ultimately searched the def's person. Def began removing his shoes before ofc could order him to do so and bag of what appeared to be cocaine lay inside one shoe. Police did not have pc to search the def without consent where the ofc did not see what was exchanged for money, did not see what was in his shoe, and did not see the def involved in more than one transaction. see Coney 822 So. 2d 1012(2nd DCA 2002)

Farias, 35 FLW 742, 4th DCA, Lewd and Lascivious molestation - Error to admit photographs of child's physical examination because photo showing no injuries had no relevance to issue of whether def molested the victim. Photo had minimal probative value and its potential for offending jury's sensibilities and evoking sympathy for the victim was substantial, not harmless, not said beyond a reasonable doubt had improperly admitted photo did not effect jury's verdict.

Hunter, 35 FLW 744, 4th DCA, Error to deny motion to suppress cocaine seizure as a result of a stop and seizure. Totality of the circumstances did not amount to reasonable suspicion that there was a Loitering and Prowling. Officer had no more than a bare suspicion of any incipient criminal conduct when they approached the def and co-def sitting equal distance between residences and a closed church and rummaging in their pockets. Mere presence close to closed business in late evening not enough to show incipient criminal conduct. Error to deny JOA as to charge of resisting arrest without violence where ofcs, with no reasonable suspicion to stop the def, were not engaged in lawful execution of a legal duty.



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