Third DCA says Officer Had No Lawful Basis to Conduct Traffic Stop

For those of us comprising the local defense bar here in Miami, it is all but routine for us, in cases in which our client's are accused of Resisting Without Violence, Fla. Stat. § 843.02, to argue to judges and prosecutors alike that the arresting officer(s) were not executing a "lawful, legal duty" at the pertinent times. Despite an abundance of pretty favorable caselaw on this issue, we're not always successful.  Because these arguments often occur in the midst of trial during a motion for judgment of acquittal, sometimes, those failures to persuade result in a convictions for our clients.  Only then can...

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Third DCA Takes on Daubert & Police Identification of Marijuana

There's an age old saying: "The wheels of justice turn slow."  It's been over twenty years since the United States Supreme Court decided Daubert v. Merrll Dow Pharmaceuticals, which held that Federal Rule of Evidence 702 should no longer be limited only to the "general acceptance"(or Frye)  standard for assessing the admissibility of scientific expert testimony.  Since that time, the federal courts have been dealing with the implications of that holding.  In subsequent cases -- e.g. General Electric Co. v. Joiner and Kumho Tire Co. v. Carmichael -- the Supreme Court has further expounded upon this principle. But the holding of Daubert didn't...

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