Daily Archives: July 13, 2019

UT: 40 minute delay for dog was reasonable where it was tied up in another part of same investigation

The 40 minute delay for the dog sniff, already based on reasonable suspicion, was reasonable. The dog was at a residence related to the same investigation then came to where the car was stopped. The court also mentions the weather … Continue reading

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FL4: Gratuitious references to SWs before jury became prejudicial character evidence; reversed

Two references to search warrants at defendant’s premises became prejudicial character evidence by seeking to link him to other drugs. Conviction reversed. Dawson v. State, 2019 Fla. App. LEXIS 10847 (Fla. 4th DCA July 10, 2019):

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ID: State didn’t preserve independent source issue below so it can’t argue it on appeal

A motion to suppress cell phone contents was granted, and the state appealed. At trial, it cited a case without stating the holding that was an independent source case, and that’s not enough. In addition, the state didn’t litigate independent … Continue reading

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