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CASES

By Jeffrey Ivashuk

Criminal law -- Search and seizure -- Investigatory stop -- State failed to carry burden of showing that officer had reasonable suspicion of criminal activity to justify investigatory stop of defendant and his companion who were walking behind a closed store in mall parking lot at 8:30 p.m. -- Error to deny motion to suppress marijuana, pipe, and prescription pills seized from defendant's person as result of illegal stopReported at 33 Fla. L. Weekly D461a Criminal law -- Driving under influence -- Evidence -- Field sobriety exercises -- No error in granting motion in limine to exclude roadside sobriety exercises where investigating officer performed HGN roadside sobriety test without first asking defendant's permission or informing defendant that officer was conducting field sobriety test as part of a criminal investigation, and officer directed, rather than requested, defendant to perform additional field sobriety exercises Licensing -- Driver's license -- Hardship license -- Cancellation -- Noncompliance with regulations of Special Supervision Services program -- Appeals -- Client in DUI program who wishes to contest unfavorable recommendation of termination is allowed to appeal the recommendation to any other licensed DUI program licensed ?in that circuit or in any adjacent circuit? -- Proper appeal was not taken in this case where appeal was taken to a DUI program in circuit other than circuits specified by rule -- Due process -- No merit to argument that agency erred in cancelling restricted driver's license without first providing licensee with hearing and/or allowing his appeal process to be completed, as Florida law contains no such requirement                                       Courtesy of Florida Law Weekly       Subscriptions (800) 351-0917  continue to full post

Full post as published by JAABlog on February 12, 2008 (boomark / email).