Experiment conducted by police detective involving the shooting of a shirt from different distances. Trial court erred in allowing evidence of an unscientific experiment conducted by a police detective that was intended to prove that the victim was shot at close range, which would have been consi...
Driving under influence -- Search and seizure -- Field sobriety exercises -- Where defendant, who was lawfully stopped and detained, was never asked if he would consent to field sobriety exercises, but merely submitted to trooper's show of apparent authority that would lead reasonable person to c...
It is well recognized that police officers may conduct welfare checks and that such checks are considered consensual encounters that do not involve constitutional implications. [Greider v. State, 977 So.2d 789, 792 (Fla. 2d DCA 2008) [33 Fla. L. Weekly D949b]] (recognizing that officer's making i...
The search of defendant conducted by officer who pulled up to defendant's parked vehicle to give a verbal warning regarding defendant's license plate cover and observed the butt of a handgun sticking out of defendant's waistband; The trial court erred in denying motion to suppress. The officer di...
Counsel was ineffective for failing to move to suppress controlled substances found in defendant's backpack following an illegal arrest and search incident to that illegal arrest. Counsel's Ineffectiveness is apparent on the face of the record, which showed that sole basis for arrest was violatio...
Boating under influence, Search and seizure, Detention. sheriff's deputy did not have reasonable suspicion to detain defendant by requiring him to board deputy's patrol boat and travel to marina for field sobriety exercises where, at the time of detention, the only evidence of impairment was odor...
Search and seizure, Traffic stop, Search of vehicle subsequent to traffic stop during which officer detected the odor of marijuana. The trial court erred in denying defendant's motion to suppress where traffic stop for a broken tail light was unlawful. Section of chapter 316 that enumerates the r...
Criminal law, Arson, Exploitation of elderly, Evidence, Statements of defendant, Statement/proffer made in connection with plea negotiations where the defendant exhibited actual subjective expectation to negotiate plea at time of statement/proffer and expectation was reasonable given totality of ...
DUI Manslaughter -- Vehicular homicide -- Evidence -- Statements of defendant -- Physician-patient privilege -- It was error to deny the defendant's motion to suppress incriminating statements she made during interrogation where she unequivocally invoked her right to remain silent at three separa...
The trial court erred in denying defendant's motion for immunity from prosecution for attempted second-degree murder, aggravated battery, and shooting at a vehicle because defendant initially provoked confrontation. “Initial provocation” exception to immunity created by section 776.041(2) does no...
Confession. Voluntariness. Trial court erred in denying defendant's motion to suppress his post-Miranda interrogation statements. Detective's failure to re-read Miranda rights to defendant after defendant reinitiated conversation with detective rendered defendant's confession involuntary, despite...
Injunction -- Repeat violence -- Petitioner who, individually and on behalf of his minor child, sought injunction against former wife's boyfriend. Injunction reversed where evidence did not support finding that respondent committed acts of repeat violence as defined in section 784.046. Respondent...
Trial court erred in denying defendant's motion to suppress his confession. Defendant's confession was involuntary where interrogating officers made constant vague offers to help defendant yet failed to explain or clarify the limits of their authority. Viewing totality of officers' statements tha...
Criminal law -- Murder -- Self-defense -- Evidence -- Silence of defendant -- Pre-Miranda -- Ineffective assistance of counsel -- Prosecutor's statements about defendant's pre-arrest, pre-Miranda silence in opening and closing arguments and state's presentation of testimony about that silence dur...
Criminal law -- Open container -- Possession of cocaine and paraphernalia -- Search and seizure. Non-criminal violation of municipal ordinance . Full custodial arrest for violating municipal ordinance prohibiting consumption of alcoholic beverages or possession of open container on public right-o...
Driving under influence -- Evidence -- Expert -- Field sobriety exercises -- Trial court erred in allowing state to present officer's testimony about defendant's performance of field sobriety exercises as expert scientific testimony, permitting state to question officer at length about his creden...
Darien Hauter appeals two orders entered on the same day in two cases. The first order denied Hauter's motion to disqualify the trial judge as "legally insufficient." The second order, filed fifteen minutes later, denied Hauter's motion to mitigate his sentences. Hauter stated in his affidavit in...
Injunction entered against father for allegedly striking child. The trial court erred in considering child victim's statements to his therapist and mother without determining whether statements were admissible under the child hearsay exception provided in section 90.803(23). The therapist's waive...
Appellant, Andrew James Sims, appeals his convictions and sentences for trafficking in amphetamine or methamphetamine (28 grams or more, but less than 200 grams); possession of cocaine; sale, manufacture, delivery, or possession of cannabis (more than 20 grams); and possession of drug paraphernal...
Immunity -- Stand Your Ground law. The defendant was charged with domestic battery for striking minor son of his girlfriend in the head during altercation over his use of girlfriend's EBT card. The defendant's requests for immunity and dismissal pursuant to section 776.032 are granted. State fail...
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Criminal law -- Search and seizure -- Cell phones -- Site location information -- Site simulator. The trial court did not err in granting defendant's motion to suppress evidence found with defendant who was located in victim's parked car through the use of Cell Site Locator Information (CSLI) and...
Criminal law -- Juveniles -- Confession -- Corpus delicti -- To establish corpus delicti (the crime) for purpose of admission of a confession, state need only show that a crime has been committed, not that the defendant committed that particular crime, except in circumstances where proof of ident...
Law-enforcement reading of implied consent warning before defendant consented to blood draw rendered her consent involuntary, and there were no exigent circumstances which allowed a warrantless blood draw. Therefore the Defendant's Motion to Suppress the blood test results granted. Read Opinion...
The trial court properly found that Florida was child's home state and that jurisdiction was proper in Florida court. Even if New York, where mother had filed paternity petition, was child's home state, Florida court nevertheless had jurisdiction because New York court had declined to exercise ju...
John P. Rutkowski, Attorney at Law, is focused on all aspects of Criminal Defense, State and Federal Courts, Post Conviction Relief, Criminal Appeals and Traffic Offenses. Contact me today for a free telephone consultation.
