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Criminal Law

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CASES

By Jeffrey Ivashuk

Criminal law -- Delivery of cocaine -- Possession of cocaine and cannabis -- Obstructing with violence -- Obstructing without violence -- Search and seizure -- Where officer observed an uninterrupted process that began with hand-to-hand contact between defendant and third party and ended with the transfer of cocaine from third party to a confidential informant in the officer's immediate presence; and officer testified that after hand-to-hand motion between defendant and third party, the third party's hand remained closed until he presented cocaine to the CI, there was probable cause to arrest defendant, despite fact that police did not see cocaine on defendant's person -- Error to grant motion to suppress  Reported at 33 Fla. L. Weekly D2014a Criminal law -- Possession of drugs -- Search and seizure -- Officers' decision to make contact with defendant in parking lot of strip club to determine why defendant left vehicle in aisle, instead of pulling into parking spot, before exiting his vehicle became investigatory stop when officers pulled defendant back to the vehicle -- Officers did not have well-founded suspicion of criminal activity necessary to justify detention where they did not witness a crimeoccur, and positioning of defendant's vehicle did not block traffic -- Because drugs were found in vehicle almost immediately after illegal detention, there was no break in chain of illegality sufficient to dissipate the taint -- Error to deny motion to suppress     Reported at 33 Fla...continue to full post

Full post as published by JAABlog on August 20, 2008 (boomark / email).