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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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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Miranda Rights in Florida

State v. Powell, 36 Fla. L. Weekly S264 (Fla. Jun 16, 2011): Reversed upon remand from United States Supreme Court, Florida v. Powell, 130 S. Ct. 1195 (2010) – Initially the Second DCA had reversed a conviction based on inadequate…

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