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CASES

By Jeffrey Ivashuk

Criminal law -- Bail bond -- Estreature -- Notice to surety of defendant's arraignment -- Notice to surety was not defective where it provided actual notice to surety of date, time and place for defendant's arraignment -- Failure of notice to specifically state that defendant's presence was required does not render it defective -- Notice which fails to specifically identify type of proceeding, fails to state that defendant's presence is required, and fails to state that defendant's failure to appear will result in estreature isnot defective as matter of law -- Conflict certified33 Fla. L. Weekly D1341a Criminal law -- Search and seizure -- Residence -- Consent --Inevitable discovery -- Where officers went to defendants' residence at four in the morning and asked for consent to search residence, defendant refused to give consent to search, other officers remained at residence while one officer left to obtain a warrant, and an officer asked for and received consent to search before the warrant was obtained, defendant's consent to search was not voluntary -- Consent was not voluntary under totality of circumstances where encounter took place at early morning hour and lasted between one and a half and two hours, and there were at least four officers present -- Because there was probable cause for issuance of warrant to search residence, and officer was in process of obtaining warrant when defendant consented to search, officers would have inevitably discovered evidence seized from residence -- Trial court did not err in denying motion to suppress     33 Fla...continue to full post

Full post as published by JAABlog on May 23, 2008 (boomark / email).