Detention of criminal suspect based upon anonymous informant's tip
May 06, 2011
If a police officer has a
reasonable, articulable suspicion that a person has committed or is committing
a crime, he may briefly detain the person without a warrant. Terry v. Ohio, 392 U.S.
1 (1968)...
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Florida's Stop and Frisk Statute
May 06, 2011
Detention
as authorized by Floridas
Stop and Frisk Statute 901.151 is limited and is not the same as an
arrest. Section 901.151 provides that
an officer is entitled to temporarily detain an indiv...
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Confession cannot be obtained by promises not to prosecute or some other implied benefit
May 06, 2011
The
State bears the burden of establishing that a defendants waiver of his/her Miranda rights was knowing, intelligent and voluntary.
Miranda, 384 U.S.
at 436; Thompson v. State, 548 So.2d 198 (Fla....
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A Defandant must be informed of their Miranda rights when in custody and subject to interrogation
May 06, 2011
A
person must be informed of Miranda rights when in-custody and subject to
interrogation. Miranda v. Arizona, 384 U.S. 436 (1966). In Miranda, the United States Supreme
Court enunciated a bright lin...
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Legitimate expectation of privacy in a person's private room at hotel or boarding house in Florida
May 06, 2011
The Fourth Amendment
establishes [t]he right of the people to be secure in their persons, houses,
papers, and effects, against unreasonable searches and seizures.... U.S.
Const. amend. IV. Indeed, p...
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