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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Supremes on Eyewitness ID and GPS Monitoring

It has been a slow “wordpress” year – so far.  I’ll be picking it up as time allows (but Spring is in the air!). First case deals with eyewitness testimony.  I have to imagine there is a case with better…

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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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Reasonable Suspicion for a Traffic Stop?

  STATE OF FLORIDA, Appellant, vs. ANGELINE L. BARATTA,  19 Fla. L. Weekly Supp. 13a (9th Jud. Cir., Oct 17, 2011): The State appeals from an order granting Baratta’s pretrial motion to suppress – Reversed. The issue in this case involved…

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