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3rd DCA ROUNDUP-ITS ONLY A MISDEMEANOR EDITION

By "Captain Liberty" and "Rumpole"

Judge Areces takes the first hit in our 3rd DCA roundup in State v. Brown, in which the good judge granted a motion to suppress finding that the criminal conduct the police officers observed was "only a misdemeanor" which didn't warrant hot pursuit into a home. Au contraire sayeth the 3rd and Judge Schwartz: Hot pursuit of a fleeing misdemeanant is permissible where the misdemeanor is punishable by a jail sentence. Citing Ulysse v. State, 899 So. 2d 1233, 1234 (Fla. 3d DCA 2005)Nice try Judge Areces. Warrantless police entry into private homes deserve the highest form of judicial scrutiny. We appreciate the effort. Not so with Judge Cynamon who rightfully gets reversed (shout out to PD legal interns Jessica del Valle and Aileen Peñate for a great job) in OB v...continue to full post

Full post as published by Justice Building Blog on May 12, 2010 (boomark / email).