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illegal Stop

Posted by John Rutkowski | Apr 24, 2019 | 0 Comments

Criminal law -- Search and seizure -- Vehicle stop -- Obscured tag -- License plate frame that obscured words “MyFlorida.com” and “Sunshine State” did not provide legal basis for traffic stop. Trial court did not err in granting motion to suppress cocaine seized as result of stop. 

Double Jeopardy Murder Retrial

Posted by John Rutkowski | Apr 17, 2019 | 0 Comments

Criminal law -- Double jeopardy -- Collateral estoppel component of double jeopardy did not bar state from introducing, at defendant's retrial on murder and conspiracy charges, an acquaintance's testimony that defendant had solicited him to commit murder, although this testimony was the factual b...

Stand your ground

Posted by John Rutkowski | Apr 12, 2019 | 0 Comments

Criminal law -- Aggravated battery with deadly weapon -- Immunity -- Stand Your Ground law -- Defendant is entitled to new immunity hearing under 2017 amended statute which places burden of proof on state to overcome a facially sufficient claim of self-defense immunity by clear and convincing evi...

Competency

Posted by John Rutkowski | Apr 10, 2019 | 0 Comments

Criminal law -- Competency of defendant -- Failure to hold hearing -- Appeals -- Remedy. When it is determined that trial court failed to hold competency hearing or enter order adjudicating competency after previously finding reasonable grounds to question defendant's competency, proper dispositi...

Medical Marijuana

Posted by John Rutkowski | Apr 08, 2019 | 0 Comments

Constitutional law -- Medical marijuana -- Florida Constitution does not allow qualified patients and caregivers to grow, cultivate, and/or process their own marijuana.

DUI Discovery Violation New Trial Required

Posted by John Rutkowski | Apr 07, 2019 | 0 Comments

Criminal law -- Driving under influence -- Discovery -- Failure to comply -- State's failure to designate as expert witness an agency inspector from who it elicited testimony on how Intoxilyzer functions constitutes discovery violation. Trial court's failure to conduct Richardson hearing was not ...

Forfeiture Vehicle Fraud

Posted by John Rutkowski | Apr 03, 2019 | 0 Comments

Criminal law -- Forfeiture -- Vehicle -- Fraud -- Vehicle purchased and filed under fictitious name -- Facts were sufficient to warrant forfeiture of vehicle pursuant to section 319.33 where defendant admitted to signing sales contract, having dealership title vehicle, applying for tag, and apply...

FORFEITURE

Posted by John Rutkowski | Mar 31, 2019 | 0 Comments

Criminal law -- Forfeiture -- Adulterating or misbranding of drugs -- Synthetic marijuana -- Appeal of seizure of property allegedly obtained through the illegal activity of selling synthetic marijuana marketed as a legal high, including violations of section 499.0051(13). No error in finding pro...

Drug Court Eligibility

Posted by John Rutkowski | Mar 29, 2019 | 0 Comments

Criminal law -- Circuit court departed from essential requirements of law when it determined that defendant was ineligible for circuit's treatment-based drug court program based on circuit's administrative order which precluded defendant from admission into drug court program on more than one occ...

Probation Search and Seizure

Posted by John Rutkowski | Mar 22, 2019 | 0 Comments

Criminal law -- Search and seizure -- Cell phone -- Probationary search -- Trial court did not err in denying motion to suppress cell phone data obtained from forensic download conducted by probation officer, although officer did not have warrant to search electronic devices or reasonable suspici...

Discovery

Posted by John Rutkowski | Mar 20, 2019 | 0 Comments

Criminal law -- Discovery -- Medical records -- Investigative subpoenas -- Circuit court departed from essential requirements of law by denying objection to state's subpoena of defendant's toxicology records for purposes of criminal prosecution of defendant, who was charged with leaving scene of ...

Double Jeopardy

Posted by John Rutkowski | Mar 15, 2019 | 0 Comments

Criminal law -- Double jeopardy -- Dual convictions under section 893.13(1)(a)(1) for selling a mixture of heroin and fentanyl do not violate double jeopardy. Each type of controlled substance prohibited by 893.13(1)(a)(1) constitutes an allowable unit of prosecution for that statute. Statutory l...

Speedy Trial

Posted by John Rutkowski | Mar 14, 2019 | 0 Comments

Criminal law -- Speedy trial -- Trial court erred by denying discharge of defendant on speedy trial grounds based on its lack of awareness of notice of expiration of time for speedy trial. Trial court was required to grant discharge unless one of the reasons in Rule 3.191(j) was shown where defen...

Search and seizure

Posted by John Rutkowski | Mar 14, 2019 | 0 Comments

Criminal law -- Search and seizure -- Vehicle -- Stop -- Officers lacked probable cause to conduct traffic stop based solely on defendant's failure to maintain single lane where there was no evidence that defendant's conduct created a reasonable safety concern. Tip from jail visitation clerk conc...

Search and Seizure Vehicle

Posted by John Rutkowski | Mar 06, 2019 | 0 Comments

Criminal law -- Search and seizure -- Expectation of privacy -- Vehicle parked within curtilage of mother's home, with drugs in plain view from outside vehicle. Whether defendant had standing to challenge search of vehicle depended upon his status at his mother's house. If on remand trial court c...

Search of Home without warrant illegal

Posted by John Rutkowski | Oct 17, 2018 | 0 Comments

Criminal law -- Search and seizure -- Residence -- Exigent circumstances -- Deputies who were dispatched to investigate anonymous 911 call lacked objectively reasonable belief that exigent circumstances existed which justified immediate entry into residence without warrant -- Hunch that there may...

WHAT IS THE STAND YOUR GROUND LAW IN FLORIDA?

Posted by John Rutkowski | Jul 28, 2018 | 0 Comments

STAND YOUR GROUND AND THE USE OF NONDEADLY FORCE: The stand your ground law is codified in F.S. 776.012. It states that a person is justified in using force, except deadly force, against another when the person reasonably believes that the force is necessary to defend him or herself or another...

Theft Crimes, Punishment, Driver License Suspension

Posted by John Rutkowski | Jul 24, 2018 | 0 Comments

A person commits a theft if the individual knowingly obtains or uses, or tries to obtain or use the property of another with the intent to, either temporarily or permanently deprive the other person of a right to the property or takes the property to their own use. If the property stolen is va...

What is the punishment for possession/sale of drugs within 1,000 feet of school, child care facility, state, municipal, or county park, college, university, house of worship, assisted living facility?

Posted by John Rutkowski | Jul 12, 2018 | 0 Comments

It is unlawful for a person to posses, sell, deliver, manufacture, etc., a controlled substance in, on or within 1,000 feet of any school or childcare facility, during the hours of 6 a.m. and 12 midnight, or at any time within 1,000 feet of any county, state or municipal park, any community cen...

Update on smokable medical marijuana in Florida

Posted by John Rutkowski | Jul 03, 2018 | 0 Comments

The court of appeals published an opinion yesterday concerning the automatic stay which normally goes into effect upon a losing party's request, so that an appeal maybe taken. The court ruled that section 381.986 F.S. (2017) of the medical marijuana amendment to Florida's Constitution is uncons...

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