September 2011 Updates (Part IV)

State v. Carter, 18 Fla. L. Weekly Supp. 782 (7th Jud. Cir., May 27, 2011): Order on Defense Motion to Suppress – Very interesting case regarding probable cause to arrest for a DUI.  Court found stop legal and there was justification to perform FST’s.  However, the court found that the FST’s, video, and observations were insufficient and did not rise to the level of probable cause to arrest.  This resulted in a felony amount of marijuana which was found during the inventory search of the vehicle to also be suppressed.

M.N. v. State, 18 Fla. L. Weekly Supp. 804 (9th Jud. Cir., Apr 25, 2011): Defense Appeal, Reversed – Court denies defendant’s petition to seal.  Appellate court finds the judge abused his discretion.  Good case for citations in support of granting petition to seal.

This concludes the September updates…

Eric J Dirga, PA 

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