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  1. J

    Arrest, Search, Seizure, Warrant Knock and Announce Recent Case Law

    When do you think they will reach a decision? The oral argument was held on 6/8/2010.
  2. J

    Arrest, Search, Seizure, Warrant Knock and Announce Recent Case Law

    http://www.floridasupremecourt.org/pub_info/summaries/oa06-10.shtml under the Kathy Jo Cable case it says in bold print, "justice Canady is recused." what does this mean?
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    Arrest, Search, Seizure, Warrant Knock and Announce Recent Case Law

    The warrant was for a possession with intent to sell. He has priors but no violent priors or anything of the sort. He could have been picked up leaving the house. Instead he was sleeping and SWAT raided the home in the early morning hours. Officers including the lead detective on the case...
  4. J

    Arrest, Search, Seizure, Warrant Knock and Announce Recent Case Law

    I agree, I think the Cable case will hold as well. I've read on some of the most recent knock and announce cases here in Fl and the majority have held according to the knock and announce rule. How does the rule apply when officers go to a home with only an arrest warrant not a search warrant?
  5. J

    Arrest, Search, Seizure, Warrant Knock and Announce Recent Case Law

    What do you think about the Kathy Cable case? Do you think they are going to rule just as they did in the Hudson v. Michigan case?
  6. J

    Arrest, Search, Seizure, Warrant Knock and Announce Recent Case Law

    Thank you very much for this information. Does the Cable case have an effect on trial court decisions right now? Has it been decided for?
  7. J

    Arrest, Search, Seizure, Warrant Knock and Announce Recent Case Law

    Hi, I am looking for information on a knock and announce case that is currently pending in Supreme Court. I am wondering where I can find information regarding this case? Our lawyer found it on Westlaw, but we do not have access to Westlaw and so we can not read updates or the ruling on...
  8. J

    Appeals Process

    Excuse my candor but, if your statement was not out of sarcasm, how can I help my husband get from point A to B? I hear the appeals process in FL may take about a year. That is not the problem. The problem is making sure he has proper representation. Can a public defender handle this appeal and...
  9. J

    Appeals Process

    The following is directly from jury instruction: Constructive possession means the controlled substance is in a place over which the (defendant) has control, or in which the (defendant) has concealed it. In order to establish constructive possession of a controlled...
  10. J

    Appeals Process

    Thank you for your responses. According to his lawyer, there are grounds for appeal based on a denial of motion to suppress(knock and announce), denial of special jury instruction, and judgment of acquittal. Firstly, they did not knock and announce when entering the home. Swat simply banged...
  11. J

    Appeals Process

    My husband was convicted of trafficking in heroin and sentenced to 15years. The home where the drugs were found was occupied by multiple people. The landlord, another tenant, my husband and myself had access to this home. The drugs were found in a separate room, not a bedroom, but a room that...
  12. J

    Motion for severence

    Yes, my lawyer was consulted regarding this. He was the one who wanted to move forward with severing the cases. The cases were initially two different separate cases. The first case was an ongoing investigation. When arrest warrant was carried out, a second case was added(drug trafficking). The...
  13. J

    Motion for severence

    Initially cases were separate. Somewhere along the way they were joined by state. We are approaching trial and motion for severance has been filed. Statistically, are these types of motions granted? First case occurred 1 month prior to second case. 1st case has 2 counts and 2nd case is 1 count...
  14. J

    Drug Crimes, Substance Abuse Seperating Drugs from Cut

    In FL, as I am sure you already know, trafficking in heroin within a certain amount of grams holds a certain amount of minimum mandatory prison sentances. How does purity and the amount that is actual heroin come into play here when sentances are given according to weight?
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    Drug Crimes, Substance Abuse Seperating Drugs from Cut

    Is there a motion that will ask the courts to get an exact weight when charging a target for a drug crime. For example, heroin is found in home. It is wrapped in bags and has been cut. Is there law that will ask to seperate the actual drug from the cut(additives) to get an actual weight of the...
  16. J

    Arrest, Search, Seizure, Warrant Arrest warrant issued for incorrect house

    Mightymouse, this is what I am trying to get at. The arrest warrant was obtained one day before the arrest warrant under the suspicion the target had moved. Target was not running. Target even put in a change of address. Target did not show any signs he was running from the law. He was not aware...
  17. J

    Arrest, Search, Seizure, Warrant Arrest warrant issued for incorrect house

    Thanks for your responses. So, you are saying that SWAT can enter ANY home just to get their target? Their sole purpose of entering this home was arrest this target. A target that they could of easily picked up on the street. They entered a home, that did not belong to target, nor was target...
  18. J

    Arrest, Search, Seizure, Warrant Arrest warrant issued for incorrect house

    I understand that the warrant is valid just by naming the target regardless of the address. Thank you for that information. I am wondering what is the law in regards to entering a home that can not be proven to be that of the target? The address listed on the arrest warrant is the correct...
  19. J

    Arrest, Search, Seizure, Warrant Arrest warrant issued for incorrect house

    Is an arrest warrant valid if arrest warrant was issued for a certain address, but arrest warrant was carried out by SWAT(entering home) of a different address? An investigation was being conducted on someone and his residence. An arrest warrant was issued for that person and that address...
  20. J

    Can she be charged?

    I understand that I need to trust and have faith in my lawyer but, I am just wondering if it is possible if charges could be brought against her again.....just for any reason?
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