Law Updates for May 6, 2011

Sabine, Jr., 36 FLW 874, 2nd DCA, Lewd and Lascivious, the uncharged crimes involving both prior and subsequent incidents between defendant and victim were not inexplicably intertwined with charged offenses.  Uncharged crimes were improperly admitted as similar fact evidence where State failed to provide notice to comply with statutory requirement.  Error not harmless where evidence was extremely prejudicial, minimally relevant, and became a feature of the trial.

Mills, 36 FLW 877, 2nd DCA, Officer on patrol in high crime area that had been hit with "smash and grab burglaries" lacked probable cause to arrest defendant for loitering and prowling based on their having observe him walking out from behind a closed business and then turning around and walking behind closed business when he saw officers.  When officers spoke to him he came out from behind the wall, identified himself, and provided some explanation for his behavior.  Error to refuse to suppress pills post-arrest.

Butera, 36 FLW 879, 2nd DCA, Constructive possession -  Greater weight of preponderance of evidence presented at revocation hearing did not establish defendant's knowledge of his dominion and control over cocaine or marijuana found in the vehicle in which the defendant was the backseat passenger and was occupied by two other people.

Black, 36 FLW 682, 4th DCA, Statement of defendant - Where defendant clearly and unequivocally invoked his right to counsel, police were immediately required to stop questioning him.  Error not harmless.  Defendant invoked right to counsel when he answered "no" to inquiry, "knowing and understanding your rights as I have explained them to you, are you willing to answers my questions without an attorney."  Detectives' follow-up, whether he wanted to speak to the police anyway, effort though intended or not to wear down the defendant's resistance and make him change his mind.  Statement suppressed.


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