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Search and seizure -- be on the look out (BOLO)

Posted by John Rutkowski | Feb 19, 2018 | 0 Comments

Search and seizure -- BOLO provided officers with reasonable suspicion to stop vehicle and detain occupants for show-up identification -- Once victims of robbery identified defendant, there was probable cause to arrest him, and search of passenger compartment of vehicle was justified as search in...

Pretrial detention -- Nebbia hold

Posted by John Rutkowski | Feb 18, 2018 | 0 Comments

Florida courts lack authority to detain accused for the purpose of inquiring into source of funds used to post bail -- Any such inquiry is for purpose of ascertaining whether bail set is sufficient to secure defendants appearance, not to deny pretrial release. Read the entire case below.

Lewd and lascivious molestation of child under twelve

Posted by John Rutkowski | Feb 09, 2018 | 0 Comments

Lewd and lascivious molestation of child under twelve -- No merit to claim that trial court erred by admitting child hearsay statements without balancing whether probative value of statements was outweighed by danger of presentation of repetitive and cumulative evidence -- By admitting evidence, ...

Robbery With a Weapon

Posted by John Rutkowski | Feb 09, 2018 | 0 Comments

Robbery with weapon -- Trial court erred in denying motion for judgment of acquittal on charge of robbery with weapon, which was based on defendants use of double-barrel of shotgun that had been detached from receiver, stock, and firing mechanism, where state failed to present competent, substan...

Stand Your Ground law

Posted by John Rutkowski | Feb 08, 2018 | 0 Comments

Stand Your Ground law -- Prohibition -- Petition for writ of prohibition to prevent trial court from proceeding with Stand Your Ground immunity hearing based on claim that court will not apply statutory amendment which shifts burden of persuasion from defendant to state because court has found th...

Lewd or Lascivious Exhibition Use of Computer

Posted by John Rutkowski | Feb 04, 2018 | 0 Comments

Using a computer to commit lewd or lascivious exhibition -- States evidence that lewd pictures were transmitted as part of a live conversation between victim and defendant on messages application of phone was insufficient to support conviction for lewd or lascivious exhibition under Section 847....

Failure to Register Sex Offender

Posted by John Rutkowski | Jan 27, 2018 | 0 Comments

Failure to register as sexual predator -- Defective information -- Defendant was erroneously convicted for violation of subsection of statute which requires that sexual predator report change of address within 48 hours where information failed to cite that subsection and omitted essential element...

Injunctions Stalking

Posted by John Rutkowski | Jan 19, 2018 | 0 Comments

Injunction provisions of section 784.0485 require only that petitioner prove single incident of stalking. Competent, substantial evidence did not support imposition of permanent injunction against stalking in instant case.

Search and Seizure Illegal

Posted by John Rutkowski | Jan 18, 2018 | 0 Comments

Search and seizure -- Backpack -- Warrantless search of backpack was not valid as search incident to arrest where backpack was not in area within defendants immediate control at time of search, but was instead in officers exclusive control with no possibility of defendant accessing the backpack...

Driving Under Influance

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

Driving under influence crimes -- Search and seizure -- Evidence -- Blood test -- Trial court properly denied motion to suppress results of warrantless blood alcohol test administered to defendant who was injured in accident and induced into a coma at trauma center based on totality of circumstan...

Juveniles - Restitution

Posted by John Rutkowski | Dec 27, 2017 | 0 Comments

The trial court erred in ordering defendant to reimburse burglarized church for the churchs purchase of Lifelock, Inc., memberships for thirteen church employees whose personal identification information was on thumb drive that was stolen from church and never returned. There was no significant ...

Battered spouse syndrome

Posted by John Rutkowski | Dec 10, 2017 | 0 Comments

Battered-spouse syndrome evidence was not admissible where defendant claimed shooting was accident rather than self-defense. The Trial court did not err in excluding BSS evidence; even if trial court erred in excluding evidence, error was harmless because evidence had no bearing on whether defend...

Search and seizure of residence

Posted by John Rutkowski | Oct 28, 2017 | 0 Comments

Under circumstances, officers violated knock and announce statute when they breached front door of residence 15 to 20 seconds after they began knock and announce. Officers had no reason to believe there were weapons in residence or that defendant was armed and dangerous the warrant was executed ...

Double Jeopardy

Posted by John Rutkowski | Oct 14, 2017 | 0 Comments

Separate convictions for use of computer services to solicit the consent of a parent or a person believed to be the parent, legal guardian, or custodian of a child to engage in unlawful sexual contact with the child and traveling to meet minor violate double jeopardy where charges are based on th...

Misdemeanor battery -Teachers and school personnel

Posted by John Rutkowski | Oct 07, 2017 | 0 Comments

A teachers aide was erroneously convicted of misdemeanor battery of pre-kindergarten student for non-abusive touching of student where jury acquitted her of child abuse. Teaching personnel stand in loco parentis with respect to students in classroom and are permitted to administer non-abusive co...

DUI Vehicle Stop

Posted by John Rutkowski | Sep 21, 2017 | 0 Comments

During the hearing to suppress, the arresting officer, who had training and experience on how to identify someone who was under the influence, testified that at around 7:22 p.m., he reported to the Azalea Lounge to investigate a potential vehicle accident. When he arrived, he encountered the def...

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