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.

2017 Updates
07/14/17 - 17-05: Insufficient Probable Cause to Support Search Warrant of Residence
04/18/17 - 17-04: Suspect’s waiver of his Miranda rights was valid, even though the suspect was not “in custody” at the time the advisement and waiver occurred
04/04/17 - 17-03: Reasonable Expectation of Privacy in Vehicle's Event Data Recorder
01/31/17 - 17-02: Officer's discovery of cocaine inside the defendant’s car was not the result of an illegal search, where the officer was performing a caretaker function in order to protect the defendant’s property, and not searching for evidence of a crime
12/07/16 - 17-01: Cell Phone Owner can be Compelled to Provide Password to Execute Search Warrant

2016 Updates
09/08/16 - 16-09: Convictions for Transmission of Child Pornography via Online File-Sharing
06/17/16 - 16-08: Custodial Interrogation for Location of Weapons and Public Safety Exception
04/29/16 - 16-07: A Suspect being Interviewed in a Non-public Place Must be Made Aware if Their Attorney is Present
04/18/16 - 16-06: Officer May Legally Order a Passenger Who Attempts to Leave Back into the Vehicle during a Lawful Traffic Stop
04/07/16 - 16-05: Suppression of Cocaine Improper Where Fellow Officer Communications,Observations and Experience Contributed to the Decision to Detain a Subject
03/15/16 - 16-04: Improper to Suppress Statements Made During Non-Custodial Police Station Interview
02/23/16 - 16-03: Search Warrant Affidavit Lacked Details to Justify Search for Evidence of Other Crimes
02/04/16 - 16-02: Warrantless Seach of Box Placed in Another's Garbage - No Expectation of Privacy
01/08/16 - 16-01: Incriminating Statements Suppressed When Police Did Not Directly Answer Inquiry About Right to Counsel During Custodial Interrogation

2015 Updates
01/08/16 - 15-08: Evidence Suppressed from Home Searched Based Solely on Consent from Handcuffed Resident
12/28/15 - 15-07: Subject Retained Counsel but Statement was not a Miranda Violation
11/05/15 - 15-06: Routine Traffic Stop and Right of Passenger to Exit Vehicle
08/21/15 - 15-05: Vehicle Description in BOLO Issued 40 Days Previously was not Stale
08/05/15 - 15-04: Tossing Evidence onto Road in Plain View Did Not Support Charge of Tampering with Evidence
07/20/15 - 15-03: Officers Entry into Home was Reasonably Construed as an Invitation. Defendant's Spontaneous Statements in part Constituted Probable Cause for Search Warrant.
03/10/15 - 15-02: Hot Pursuit for a Misdemeanor Offense
01/09/15 - 15-01: Carrying a Concealed Firearm in an Employer Parking Lot

2014 Updates
12/16/14 - 14-07: lllegal 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