ERIC J DIRGA, PA

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Return to Confusion: With or Without Knowledge – Updated 08/13/12.

The Supreme Court of Florida has tried to clarify what the State need to do to prove a DWLS case when it does not have the presumption of knowledge that is found in the statute. ANDERSON v. STATE, 37 Fla….

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Fellow Officer Rule – Not a Rule of Evidence

I’m way behind, I know.  We just moved our office and just getting settled and, thank God, we have been busy.  I wanted to highlight the case below because it addresses the fellow officer rule and the establishment of probable…

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Evidence from Recorded Communications by 911 Operator

This is an interesting case regarding wireless communication interception by a 911 operator.  The case deals with chapter 934 which should be required reading for all graduating high school students and anyone getting married (not to mention lawyers).  It seems…

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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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