S&S in a L&P case, ASA steps up to the plate, and Constructive Possession

Police (from Dareton, NSW) search the vehicle ...

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Mills v. State, 36 Fla. L. Weekly D877 (Fla. 2d DCA, Apr 27, 2011): Defense Appeal, Reversed – The Second comes up with an excellent search and seizure case regarding Loitering and Prowling.  As usual, the Second provides case law and a break down of the elements and great legal reasoning (why the police did not have PC). Soon to be a popular citation for motions to dismiss in the L & P arena.

Natan v. State, 36 Fla. L. Weekly D878 (Fla. 2d DCA, Apr 27, 2011): Unique case. Prosecutor made the court and defense counsel aware of inappropriate behavior by a bailiff several days after the conviction.  Behavior, although probably harmless, required reversal and new trial.  It is good to see a prosecutor do what is right and be recognized for it.  So here it is.

Butera v. State, 36 Fla. L. Weekly D879 (Fla. 2d DCA, Apr 27, 2011): Defense Appeal, Reversed – Probation revocation hearing found defendant had violated his probation by committing new law offense.  Offense involved the constructive possession of contraband.  Excellent case on constructive possession involving joint occupancy of vehicle and burden on state in VOP hearing.

The Second DCA makes the going slow getting through these cases because (I think) they write the best damn opinions in Florida.  Anyhoo, here are a few more.


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