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3rd DCA ROUNDUP

By "Captain Liberty" and "Rumpole"

If it's after Wednesday, then it's time for 3RD DCA ROUNDUP. Judge Thomas was reversed and the case remanded for discharge based on a PCA opinion which succinctly stated that there was no founded suspicion much less probable cause to justify the stop, search and seizure. The decision in Thames v. State is here. Query: If the police conduct was so egregious, why didn't the 3rd DCA include at least a modicum of the facts, so we could use the case in subsequent proceedings?  This decision has NO precedental value because nobody can tell the circumstances of the stop. Isn't precedent what our entire legal system is based on? Compare Thames with the decision in State v. Reyes, here, in which the court affirmed the suppression of evidence obtained in a pat down search, but reversed the suppression of other evidence obtained after a valid stop...continue to full post

Full post as published by Justice Building Blog on February 19, 2009 (boomark / email).