September 2011 Updates (Part III)

Billings v. State, 18 Fla. L. Weekly Supp. 767 (11th Jud. Cir., Jul 14, 2011): Defense Appeal, Reversed – Defendant appealed denial of motion to suppress stop.  Driver of vehicle had a suspended license.  As LEO was running tag and before info received regarding suspension of license the LEO stopped defendant with emergency lights.  Basis for stop was observation that defendant had stopped for 15-30 seconds at stop sign with no traffic.  (Note: the Supp headnote has the defendant sitting at stop sign for 15-30 minutes.  This is an error.)

State v. Jutrowski, 18 Fla. L. Weekly Supp. 771 (20th Jud. Cir., Apr 21, 2011): State Appeal, Affirmed – DUI checkpoint case.  Issue regards the checkpoint plan an the amount of discretion given to the LEOs at the scene.

Maynor v. State, 18 Fla. L. Weekly Supp. 773 (Jun 3, 2011): Defense Appeal, Reversed – This is a good case on the often confusing issue when there is an illegal search followed by an otherwise legal search.  Issue is whether they was a break in the chain of illegality.  Not a complete explanation but good citations.

Eric J Dirga, PA

 

 

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