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CASES

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FONT size=1Criminal law -- BJuveniles -- Loitering and prowling/B -- Juveniles' presence in residential neighborhood early in the morning, without more, did not support charge of loitering and prowling -- Although officer was justified in questioning juveniles when he discovered them wearing dark clothes, in the area of a 3:30 a.m. prowler report, during encounter no additional facts came to light to support arrest for loitering and prowling -- Fact that officer discovered a pair of gloves in juvenile's pocket does not alter result -- Adjudicationsnbsp;of guilt reversednbsp; Reported at 33 Fla. L. Weekly D2872aBRBRCriminal law --nbsp;Search and seizureBnbsp;-- Consent -- Voluntariness/B -- Where, after a traffic stop, defendant who had been a passenger in vehicle was detained on the side of the road by two officers with a canine unit while the driver of the vehicle was being searched, and defendant was informed by officer that he was going to be searched and that he should turn over anything illegal before search took place, defendant's act of handing officer pill bottle containing drugs was the product of an imminent pat-down and not the result of an independent act of free will -- Error to deny motion to suppress drugsnbsp;nbsp;nbsp;nbsp; Reported at 33 Fla...continue to full post

Full post as published by JAABlog on December 19, 2008 (boomark / email).