Case Law Updates and Special Legal Notices
Law Updates are prepared shortly after a court opinion of special interest related to law enforcement has been issued. This site will also include Special Notices to the law enforcement community from the Office of General Counsel. Contact your agency legal advisors to confirm the interpretation provided and to determine to what extent the court opinion will impact your activities.

2014 Updates
12/16/14 - 14-07: Illegal Interception of Communications by Victim
12/03/14 - 14-06: Consensual Encounter, Detention and Resisting Arrest Without Violence
10/09/14 - 14-05: Probable Cause for a Warrant to Search a Shed does not Extend to the Nearby Residence
10/07/14 - 14-04: Consent to Enter Hotel Room is Invalid 
07/15/14 - 14-03: Probable Cause to Arrest for Solicitation of a Minor
04/04/14 - 14-02: Entry onto Defendant's Property Constituted and Illegal Knock and Talk
01/31/14 - 14-01: Search Warrant of Home and Staleness

2013 Updates
11/25/13 - 13-09: Frisk of a Person Who is Suspected of Carrying a Concealed Firearm
10/29/13 - 13-08: Testing Individual Baggies for Drugs in Trafficking Cases 
09/20/12 - 13-07  Commanding a Suspect to Exit His Home During a Knock and Talk 
07/31/13 - 13-06: Step-Parent's Consent to Search Juvenile's Bedroom 
06/18/13 - 13-05: Lookng Inside the Window During a Knock and Talk
05/13/13 - 13-04: Search of a Cell Phone during a Lawful Arrest
04/05/13 - 13-03: Written Threats to Do Bodily Harm
02/27/13 - 13-02: Detaining Persons Leaving Premises Prior to Execution of Search Warrant
02/27/13 - 13-01: Recording Suspect's Conversation with Girlfriend in Police Station

2012 Updates
01/02/13 - 12-08: Interrogation After Suspect Invokes Right to Counsel
10/30/12 - 12-07: Protective Sweep of Homes
09/23/12 - 12-06: Probable Cause to Believe Pills are Contraband
08/24/12 - 12-05: Conspiracy to Commit Drug Trafficking 
07/20/12 - 12-04: Search of Suspect's Cellphone Incident to Arrest
06/18/12 - 12-03: Parent's Consent to Search Adult Son's Bedroom
03/20/12 - 12-02: Circumstances Under Which Inmate Must be Given Miranda
02/23/12 - 12-01: Vehicle Stops and Reasonable Suspicion of Doctor Shopping

2011 Updates
12/20/11 - 11-09: Spousal Consent to Search
12/09/11 - 11-08: Miranda and In Custody Statements
10/18/11 - 11-07: Robbery with a Toy Gun
07/22/11 - 11-06: Forensic Reports Subject to Confrontation Clause
06/13/11 - 11-05: Consensual Search of a Person
03/28/11 - 11-04: Search of Cell Phone Incident to Arrest
03/28/11 - 11-03: Miranda Rights & Request to Reconsider
03/28/11 - 11-02: Search & Seizure - Gant and Stolen Vehicles
01/11/11 - 11-01: Doctor Shopping Statute

2010 Updates
12/21/10 - 10-09: DNA Swab Voluntariness and Probable Cause
11/19/10 - 10-08: Protective Sweep
08/26/10 - 10-07: Arizona v. Gant Interpreted and Applied
07/23/10 - 10-06: Forensics - Palm Prints
05/17/10 - 10-05: The Hot Pursuit Exception to the Warrant Requirement
04/26/10 - 10:04: Cash Subject to the Florida Contraband Forfeiture Act
03/10/10 - 10-03: Search of Vehicle Incident to Arrest
02/25/10 - 10-02: Miranda Right to Counsel and Break In Custody
01/19/10 - 10-01: Obtaining Historical Cell Site Information Under Florida Law

2009 Updates
01/14/10 - 09-05: Evidence Obtained After PC for Search Warrant Ruled to be Illegally Discovered
12/01/09 - 09-04: Pharmacy Prescription Records and HIPPA
09/02/09 - 09-03: Protective Sweep
05/28/09 - 09-02: Knock and Talk
04/21/09 - 09-01: Vehicle Searches Incident to Arrest of Recent Occupant

2008 Updates
09/04/08 - 08-09: Miranda - In Custody
09/04/08 - 08-08: Consent to Search Gained by Misrepresentation
07/16/08 - 08-07: Miranda - In Custody
07/11/08 - 08-06: Consent to Search Gained by Misrepresentation
06/30/08 - 08-05: Search Based on Open View Doctrine
06/30/08 - 08-04: Juveniles and Miranda
06/30/08 - 08-03: Impact of Miranda Warnings & Frisk on Consensual Encounter
03/27/08 - 08-02: Investigatory Stops; Show-Ups; Relocating Subject
02/14/08 - 08-01: Charging for Labor Costs for Responding to Public Records


2007 Updates
12/28/07 - 07-11: Probable Cause Based Upon Citizen Informant
12/27/07 - 07-10: Admissibility of Videotaped Statement
12/27/07 - 07-09: Knock and Announce
10/01/07 - 07-08: Resisting with Violence
09/12/07 - 07-07: Disorderly Conduct
05/25/07 - 07-06: Traffic Stops
05/25/07 - 07-05: Computer Surveillance
02/04/08 - 07-4A: CLARIFICATION of Case Update 07-04 - Juveniles and Miranda
05/25/07 - 07-04: Juveniles and Miranda
05/25/07 - 07-03: Use of Force
03/22/07 - 07-02: Search Incident to Arrest
02/20/07 - 07-01: Cell Phone Searches Incident to Lawful Arrest

2006 Updates
12/18/06 - 06-11: Search and Seizure of Meth Labs
12/12/06 - 06-10: Computer Solicitation of Minors
11/03/06 - 06-09: Automobile Searches
11/01/06 - 06-08: Child Pornography Search Warrant - Staleness
07/11/06 - 06-07: Consular Notification
07/11/06 - 06-06: Investigatory Stop
07/11/06 - 06-05: Standing to Contest Seizure at Adversarial Preliminary Hearing
06/16/06 - 06-04: Knock and Announce
04/17/06 - 06-03: Consent Searches
03/24/06 - 06-02: Possession of Child Pornography
01/07/06 - 06-01: Reliable Confidential Informant for Purposes of Search Warrant

2005 Updates
10/03/05 - 05-15: Admission of FDLE Lab Reports into Evidence
10/03/05 - 05-14: Expertise Search Warrants; Staleness
10/03/05 - 05-13: Consent Search
10/03/05 - 05-12: Public Records
08/24/05 - 05-11: Virtual Child Pornography - Motion to Dismiss
06/27/05 - 05-10: F.S. 843.085 Ruled Invalid
06/16/05 - 05-09: Speedy Trial Not Automatically Waived by Defendant's Co-operation
06/16/05 - 05-08: Search & Seizure: Inventory
04/13/05 - 05-07: Confession Obtained by Ruse Threat to Charge More Serious Crimes
04/13/05 - 05-06: Plain View - Incriminating Nature of the Item
03/09/05 - 05-05: Warranties Arrest – "Fellow Officer Rule" Can Be Applied to Misdemeanors
03/09/05 - 05-04: Search & Seizure – Incident to Civil Arrest; Inevitable Discovery
02/22/05 - 05-03: Search & Seizure – Prolonged Detention
02/02/05 - 05-02: Use of Drug Dogs During Routine Stops
01/24/05 - 05-01: Search & Seizure – Exigent Circumstances

2004 Updates
12/30/04 - 04-14: Reasonable Suspicion that a City's Open Container Law is Being Violated
12/30/04 - 04-13: Handcuffing a Suspect During a Terry Stop
12/02/04 - 04-12: Request for Consent to Search Does Not Violate 5th Rights
09/30/04 - 04-11: Forfeiture - Mere Possession Does Not Bestow Automatic Standing
08/09/04 - 04-10: Child Pornography and Staleness
08/09/04 - 04-09: Search Warrants – Presumption that Evidence is Located in Residence
06/22/04 - 04-08: Miranda Warnings – Right to Have Attorney Present During Interview
05/03/04 - 04-07: Short-term Guest has no Standing to Contest Search of Dwelling
05/03/04 - 04-06: Proving Unlawful Compensation with Circumstantial Evidence
04/08/04 - 04-05: Re-interviewing After the Right to Remain Silent has been Invoked
03/19/04 - 04-04: Canine Sniff in Hallway of Hotel
03/09/04 - 04-03: Exigent Circumstances
02/10/04 - 04-02: Knock and Talks
02/02/04 - 04-01: Proving Knowledge of Sexual Offender Registration

2003 Updates
12/02/03 - 03-18: Intentional Destruction of Evidence by Law Enforcement
11/19/03 - 03-17: Contacting a Parent Prior to Custodial Interrogation of a Juvenile
10/30/03 - 03-16: Officer Acting as an Interpreter at Trial
09/19/03 - 03-15: Personal Emails Not Subject to Public Records Law - Upheld
09/10/03 - 03-14: Forfeiture Must be Filed Within 45 Days of Seizure
08/12/03 - 03-13: Canine Drug Alert - The Reliability of the Individual Dog Must be Established
08/12/03 - 03-12: Display of Police Accouterment Held Unconstitutional
07/15/03 - 03-11: Entrapment - Inducement by a Non-Agent Private Citizen
06/25/03 - 03-10: Affidavit Used to Demonstrate "No Standing" to Challenge Forfeiture
05/13/03 - 03-09: Refusal to Allow Hands to be Swabbed During a Shooting Investigation
05/07/03 - 03-08: Seizure of Evidence in Plain View - "Immediately Apparent"
04/22/03 - 03-07: Computer Child Exploitation - Entrapment
03/27/03 - 03-06: Search of Container Found on Subject Pursuant to Consent
03/10/03 - 03-05: Searching Occupants--Vehicle With Odor of Marijuana
02/17/03 - 03-04: Controlled Substances - Combining the Contents of Separate Bags
02/11/03 - 03-03: Police Defeating the Goal of a Conspiracy
01/31/03 - 03-02: Initiation of Communications and Readvisement of Rights
01/22/03 - 03-01: Effect Of Self-Imposed Limitations Or Conditions On Interview

2002 Updates
12/30/02 - 02-18: Use of Deception to Obtain Consent
12/03/02 - 02-17: Obstruction and Use of Profanity
11/05/02 - 02-16: Obtaining Evidence to Prove Every Element of the Offense
10/22/02 - 02-15: Forfeiture Adversarial Hearing - Strict Timelines
09/19/02 - 02-14: Police Engaging in Sentence Manipulation
09/05/02 - 02-13: Chain of Custody
08/27/02 - 02-12: Drug Agent Testifying as an Expert
08/14/02 - 02-11: Search and Confession Subsequent to a Terry Stop
07/11/02 - 02-10: Notice to Parties Regarding Seized Evidence
06/25/02 - 02-09: No Expectation of Privacy in Wheel Well of Vehicle
05/30/02 - 02-08: Arrest Warrant does not Automatically Give Officer Right to Enter
05/21/02 - 02-07: Personal Email Messages are not "Public Records"
04/26/02 - 02-06: Use of Privileged Communications
04/16/02 - 02-05: Description of Items Seized in a Search Warrant
03/25/02 - 02-04: Expectation of Privacy in a Carport
02/27/02 - 02-03: Trash Pulls at Different Addresses
02/08/02 - 02-02: Third Party Consent
01/02/02 - 02-01: Civil Liability for Law Enforcement Officers

2001 Updates
12/13/01 - 01-15: Immigration of an Altered or Fake INS Card is a State Offense
12/03/01 - 01-14: Request for an ID after Justification for Detention has Ended
11/08/01 - 01-13: Adversarial Preliminary Hearing - Agency Must Prove Owner Knew or Should Have Known of Illegal Use of Property
11/05/01 - 01-12: The Effect of Invoking Rights in Another Country
10/10/01 - 01-11: Defense Discovery of Child Pornography
09/14/01 - 01-10: Search of a Person on Curtilage
08/27/01 - 01-09: Search of a Vehicle Incident to Arrest
07/03/01 - 01-08: Driver’s License Checkpoints – Seizure of Narcotics
06/08/01 - 01-07: Out of Court Identification
05/30/01 - 01-06: Knock & Announce - Response Time
04/27/01 - 01-05: Unlawful Compensation – Statute of Limitations
04/02/01 - 01-04: Forfeiture – Improper Based On Just One Missing VIN Plate
03/19/01 - 01-03: Non-custodial Interrogation
02/07/01 - 01-02: How to Answer an Equivocal Question during a Custodial Interview
01/31/01 - 01-01: Jurisdiction of the Statewide Prosecutor

2000 Updates
12/04/00 - 00-09: Statements Made By A Cooperating Suspect
09/00/00 - 00-08: Simply Warning Others They're Dealing With Undercover Officer Is Not Violation Of The Law
07/21/00 - 00-07: What Constitutes An "Enterprise" Under Florida's RICO Act
07/14/00 - 00-06: Defense Discovery of Specific Information Concerning a Known Informant
06/19/00 - 00-05: Perjury Charge Cannot Be Supported By The Testimony of Only One Witness
05/02/00 - 00-04: Return of Unclaimed Evidence
03/13/00 - 00-03: Searches of Vehicles and Persons on Curtilage
02/28/00 - 00-02: Warrantless Entry into a Motel Room
01/31/00 - 00-01: Single Trash Pull w/ Anonymous Tip Insufficient for Search Warrant

1999 Updates
12/29/99 - 99-15: Administrative Search as Probable Cause for Warrant
12/16/99 - 99-14: Search Conducted by a Private Individual
11/09/99 - 99-13: FDLE Lab as Final Authority
10/26/99 - 99-12: Verifying the Identity of an Informant
10/01/99 - 99-11: The Defense of Legal Impossibility
09/17/99 - 99-10: Forfeiture - Suppression of Evidence
07/16/99 - 99-09: Questions Posed By Suspect During Interview
06/18/99 - 99-08: Confidential Informants
06/04/99 - 99-07: Interception of Communications to Obtain Criminal Evidence
05/17/99 - 99-06: Seizure of a vehicle for forfeiture
04/15/99 - 99-05: Ordering a Passenger to Remain in a Stopped Vehicle
04/30/99 - 99-04: Involuntary Statements Made to Private Citizens
03/12/99 - 99-03: Delay in Filing a Forfeiture Complaint
02/12/99 - 99-02: Right to Counsel - Intertwined Offenses
12/18/98 - 99-01: Stop and Frisk - "Firearm Exception"

1998 Updates
10/02/98 - 98-11: Interception of Cellular Telephone Conversations - Jurisdiction
09/11/98 - 98-10: Subsequent Interview After A Person Has Invoked His Right to Counsel
08/24/98 - 98-09: Forfeiture - Persons Entitled to an Adversarial Preliminary Hearing
07/24/98 - 98-08: Exceeding The Statutory Maximum Sentence
07/03/98 - 98-07: Recording Conversations Under The Directions of "Investigative" Officers
05/22/98 - 98-06: Search of a Vehicle Incident to Arrest
04/03/98 - 98-05: Soliciting Sex Over the Internet & Attempted Sexual Battery
03/13/98 - 98-04: Search Warrants - Confidential Informants
02/26/98 - 98-03: Florida State Forfeitures - Warrant Required To Seize Vehicles
01/16/98 - 98-02: Severance of Charges
12/12/97 - 98-01: Impoundment of Vehicles

1997 Updates
11/07/97 - 97-14: Two Kinds of Sweeps - Precautionary and Protective
10/31/97 - 97-13: Law Enforcement Officer As An Expert Witness
10-10-97 - 97-12: Recording Drug Transactions
08/22/97 - 97-11: Undercover Interrogation of an Inmate
08/08/97 - 97-10: Sexual Predators
06/19/97 - 97-09: Forfeiture of Homestead Property
05/09/97 - 97-08: Equivocal Invocation of a Person’s Miranda Rights
04/18/97 - 97-07: Interrogations - Written Waivers
03/14/97 - 97-06: Invoking the Right to Counsel When Custodial Interrogation Has Not Begun or Is Not Imminent
03/07/97 - 97-05: Open Fields - "Chop Shop" Operation
02/28/97 - 97-04: Unclaimed Evidence
02/21/97 - 97-03: Stop and Frisk - "Firearm Exception"
01/10/97 - 97-02: Destroyed Evidence
01/10/97 - 97-01: Exigent Circumstances Created by Law Enforcement