Burglary, Arson, Home Invasion Some Kind of Friends..

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D0J246

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Looking for some advice in Florida...I apologize about the length...Appreciate any information given.

1. Is an intelligence bulletin, issued by a Law Enforcement Agency, alerting to the types of vehicles individuals are driving enough to detain the individuals? Is it grounds for a vehicle search?

2. Can burglary charges be substantiated by a claim made by an individual (now a co-defendant) alleging that a certain individual brought property to his house which may be stolen. Upon NCIC/FCIC check it was stolen.The individual who allegedly brought the property to the house is on probation and the current and verified address is different from where the property was found. Isn't POSSESSION an important factor? The individual really couldn't exercise control of the property being that he did not live there and therefore did not have a key to the apartment, however he is facing counts of burglary based on the statement of a so-called friend.

3. Hypothetically speaking :D if someone were stopped because of an anonymous phone call alleging firearms were being pointed at bystanders, in which the caller articulated obvious facts (vehicle colors and direction of travel) and the vehicle was stopped and searched (exigent circumstances) but no firearms were found in the vehicle, can officers continue to detain suspects while they search the area around a crowded nightclub where suspects were allegedly seen? Can the officers then take the suspect into custody to interrogate them for another crime, even though an arrest warrant had NOT been issued?

4. What weight is given to a confession that is given after hours of interrogation early in the morning and that is not written or recorded in any form?

5. Are there any good, but feasible places to find case laws on these circumstances as I am full of questions, but unable to get in contact with the appointed conflict attorney.
 
1. Is an intelligence bulletin, issued by a Law Enforcement Agency, alerting to the types of vehicles individuals are driving enough to detain the individuals? Is it grounds for a vehicle search?
By itself? Probably not.

It depends on the details.

What was the stated purpose for the detention? If for a lawful purpose, then it's okay to make the detention even if the underlying "REAL" reason is for something different (like drug interdiction).

2. Can burglary charges be substantiated by a claim made by an individual (now a co-defendant) alleging that a certain individual brought property to his house which may be stolen.
Your question here is very fact-specific. CAN they be substantiated by a claim of a co-defendant? Sure. Will they stand up at trial? Who knows?

3. if someone were stopped because of an anonymous phone call alleging firearms were being pointed at bystanders, in which the caller articulated obvious facts (vehicle colors and direction of travel) and the vehicle was stopped and searched (exigent circumstances) but no firearms were found in the vehicle, can officers continue to detain suspects while they search the area around a crowded nightclub where suspects were allegedly seen?
Depending on the details, sure. They probably can. The question would be whether the detention was unreasonable after no weapons were found.

Can the officers then take the suspect into custody to interrogate them for another crime, even though an arrest warrant had NOT been issued?
They cannot ARREST someone without cause, but they might be able to ask the person to come with them, or maybe even find some other lawful reason to bring them to the station. But, that will be up to the officers to articulate good cause.

4. What weight is given to a confession that is given after hours of interrogation early in the morning and that is not written or recorded in any form?
All the weight in the world unless the defense can cast doubt on its reliability or legality.

5. Are there any good, but feasible places to find case laws on these circumstances as I am full of questions, but unable to get in contact with the appointed conflict attorney.
Try a local law library.

- Carl
 
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