ERIC J DIRGA, PA

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Florida 2d DCA conflicts on Gant Issue with 5th DCA

STATE, v. McCULLOUGH, 37 Fla. L. Weekly D49b (Fla. 2d DCA, Dec 30,2011) – The State appeals from the trial court’s order granting Sharon Laverne McCullough’s motion to suppress evidence seized following her arrest. Because the search of McCullough’s car…

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November 2011 Updates. Part II

  Happy Thanksgiving 2011! STATE v. HEFFRON, 18 Fla. L. Weekly Supp. 1088a (6th Jud. Cir., Aug 10, 2011) – THIS MATTER is before the Court on Appellant, State of Florida’s appeal from an order of the Pinellas County Court…

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November 2011 Updates. Part I

STACHURA  v. STATE, DHSMV, 18 Fla. L. Weekly Supp. 1073a (15th Jud. Cir., Aug 25, 2011) – Defendant seeks review of the suspension of his driver’s license based upon his refusal to submit to a breath test. Defendant argues that…

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Search and Seizure Cases

STATE, vs. HERRON, 36 Fla. L. Weekly D1731b (Fla. 3d DCA, Aug 10, 2011): State Appeal, Affirmed – Upon a lawful traffic stop, a police officer may order the driver out of his vehicle.  However, such a stop does not,…

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