September 2011 Updates (Part II)

Su v. State, 18 Fla. L. Weekly Supp. 746 (11th Jud. Cir., Jun 8 2011): Defense Appeal, Reversed – DUI predicated on an anonymous tip.  Good case on anonymous tip standards and for the quote “[officer’s] belief did not create reasonable suspicion.”

Ramsey v. State, 18 Fla. L. Weekly Supp. 757 (19th Jud. Cir., Oct 27, 2010): Defense Appeal, Reversed – This was a DUI and resisting case.  What struck me was the prosecutor’s tactic of having the defendant respond to such questions as “So [the officer] lied?” which was the basis for the reversal.  Never contemplated this before and this is a good case to use if it ever happens.

Hall v. State, 18 Fla. L. Weekly Supp. 763 (11th Jud. Cir., Jun 2 2011): Defense Appeal, Reversed – Defense discovers additional information while interviewing LEO prior to trial and files motion to suppress.  Court denies an evidentiary hearing as untimely filed.  Appellate Court points out that motion was timely.  Have this case ready (or cases cited therein) for those late breaking motions.

Eric J Dirga, PA

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