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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