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714 So. 2d 527·
Fla. 1st DCA·
1998-06-15
·cited 1×
Kwunchai Phuagnong appealed his burglary conviction by nolo contendere plea, reserving the right to challenge the denial of his motion to suppress evidence seized from his bedroom. The court reversed, holding that police lacked consent to enter the apartment and that the subseque
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620 So. 2d 1256·
Fla.·
1993-06-24
·cited 1×
A Fourth Amendment seizure occurs only when a suspect is physically subdued by police or submits to an officer's show of authority; property abandoned while fleeing from police, even in response to an unlawful stop, is not the fruit of an illegal seizure and is admissible in evid
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983 F.2d 598·
4th Cir.·
1993-01-12
·cited 1×
The court held that the police had sufficient probable cause to arrest the defendant based on a corroborated informant's tip and a drug-sniffing dog's alert, and that the investigative stop did not escalate into an unlawful arrest.
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794 F. Supp. 1098·
S.D. Fla.·
1992-04-23
·cited 1×
The court held that the defendant's property constituted curtilage, not an open field, and that the warrantless search violated the Fourth Amendment.
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494 So. 2d 240·
Fla. 4th DCA·
1986-09-03
·cited 1×
Curtis Lee Thomas was convicted of sexual battery, burglary, and robbery following a live lineup identification. The appellate court affirmed his conviction and sentence, holding that the preliminary hearing purged the taint of an illegal arrest and that subsequent identification
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456 So. 2d 471·
Fla. 3d DCA·
1984-06-05
·cited 1×
The Florida District Court of Appeal affirmed a conviction for conspiracy to traffic cocaine, trafficking cocaine, and possession of cocaine. The court held that the trial court properly excluded hearsay testimony regarding the informant's intent to set up the defendant and that
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11th Cir.·
2026-09-17
An affidavit supporting a search warrant based on an NCMEC CyberTip contains sufficient indicia of probable cause to justify reliance on the resulting warrant under the good faith exception to the exclusionary rule when it establishes that an electronic service provider generated
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Fla. 3d DCA·
2026-05-13
Detective Rodriguez's warrantless entry onto Cabrera's fenced property was unlawful because the State failed to produce the federal search warrant and supporting affidavit at the suppression hearing, making it impossible to determine whether probable cause existed. The good faith
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Del. Fam. Ct.·
2025-12-05
The court granted the motion to suppress, holding that the police lacked reasonable, articulable suspicion to stop the 16-year-old defendant. The initial encounter was not consensual due to the coercive effect of the police conduct on a minor, and the subsequent flight was provok
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11th Cir.·
2025-07-11
Steven Morgan was convicted of cocaine trafficking and related offenses after law enforcement conducted a warrantless search of his cell phone, which the district court admitted based on a finding that Morgan had abandoned it following statements obtained during custodial interro
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Fla. 2d DCA·
2025-03-26
An appellant who fails to present any legal argument regarding why a particular search was unlawful has not properly raised that issue on appeal, and an appellate court may not craft arguments the appellant has chosen not to make. The odor of marijuana combined with erratic drivi
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Fla. 6th DCA·
2025-03-21
Evidence obtained prior to an illegal search warrant is not fruit of the poisonous tree and is admissible; the trial court erred in dismissing all charges based on the suppression of evidence from the faulty warrant when other independent evidence was sufficient to proceed to tri
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S.D. Fla.·
2025-02-25
The court denied the defendant's motion to strike portions of the expert witness report and exclude evidence, finding that the fruit of the poisonous tree doctrine and privacy rights arguments do not apply to private litigants and that international comity is not warranted due to
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Fla. 2d DCA·
2024-11-22
An appellant who fails to present a legal argument on appeal regarding a particular search cannot require an appellate court to develop that argument, and therefore the appellate court need not address the merits of that search. Additionally, dicta in a prior appellate decision—s
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M.D. Fla.·
2024-10-01
A defendant's guilty plea, made knowingly and voluntarily after being informed that claims of unlawful search and seizure are waived, cannot be challenged as involuntary based on counsel's failure to file a suppression motion, especially when the underlying search was conducted b
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Fla. 4th DCA·
2024-09-18
Terrance Walker appeals his convictions for second-degree murder and grand theft auto, challenging the trial court's denial of his motion to suppress statements allegedly obtained through illegal cell-site location information (CSLI) tracking. The appellate court affirms, finding
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M.D. Fla.·
2024-08-26
The court held that it must abstain from hearing the case under the Younger doctrine because the plaintiff's claims are intertwined with pending state criminal proceedings.
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Del. Super. Ct.·
2024-08-01
The Delaware Superior Court granted in part and denied in part Defendant Robert Franks' motion to suppress evidence. The court held that the warrantless entry into the residence was unconstitutional, rendering the physical evidence seized inadmissible as fruit of the poisonous tr
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S.D. Fla.·
2024-05-14
Tyrell Deronville, sentenced to life plus 30 years for second-degree murder and attempted second-degree murder in a shooting over a drug dispute, filed a federal habeas petition challenging his conviction based on claims of ineffective assistance of counsel. The district court di
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S.D. Fla.·
2024-04-10
Matthew Tassin, convicted of distributing and possessing child pornography discovered during a search of his home and online accounts, sought to vacate his 240-month sentence by alleging ineffective assistance of trial and appellate counsel and constructive amendment of his indic
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S.D. Fla.·
2023-10-20
The petition for writ of habeas corpus is denied because the petitioner's claim that his arrest warrant was invalid is refuted by the record.
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M.D. Fla.·
2023-08-15
David Disdier challenged his state convictions for racketeering conspiracy, drug trafficking conspiracy, and related offenses on federal habeas review, but the district court found most of his claims procedurally defaulted and rejected his ineffective assistance of counsel claims
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S.D. Fla.·
2023-07-17
The court held that the movant failed to demonstrate ineffective assistance of counsel regarding investigation or the waiver of his right to a jury trial.
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M.D. Fla.·
2023-05-15
William Henry Brown sought federal habeas relief under 28 U.S.C. § 2254, challenging his 2014 Florida conviction for second-degree murder and drug possession while armed, raising claims of ineffective assistance of counsel, trial court error, and prosecutorial misconduct. The fed
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Del.·
2023-04-24
The Delaware Supreme Court affirmed the Superior Court's denial of the motion to suppress evidence. The Court held that the attempt to handcuff the defendant did not constitute an arrest, but rather a lawful detention to control an evolving situation. The defendant's subsequent f
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M.D. Fla.·
2023-03-22
The court held that the petitioner's claims for ineffective assistance of counsel lack merit and do not meet the high bar for federal habeas relief under AEDPA.
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M.D. Fla.·
2023-03-03
A Florida court convicted Bowen of armed burglary and grand theft, sentencing him to life imprisonment, and he subsequently filed a federal habeas petition challenging his conviction and raising claims of illegal arrest, Miranda violations, improper jury instructions, and ineffec
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M.D. Fla.·
2023-02-21
The court stayed and administratively closed the habeas corpus action, requiring the petitioner to file an amended petition addressing all claims related to his conviction and resentencing.
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S.D. Fla.·
2022-10-03
The Court denies Ground 1 and dismisses Grounds 2 through 10 of the habeas petition, finding some claims unexhausted, others procedurally defaulted, and one cognizable only under state law.
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Fla. 2d DCA·
2022-09-23
Section 893.21(2) requires proximate causation, not "but for" causation, to establish immunity from prosecution for drug-related offenses. An outstanding arrest warrant constitutes an intervening, superseding cause that severs the causal connection between seeking medical assista
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S.D. Fla.·
2022-06-07
Tyshon Renford's federal habeas petition challenging his Florida state-court conviction for armed kidnapping, robbery with a firearm, and armed carjacking was dismissed as to one claim for failure to exhaust state remedies and denied as to two remaining claims on the merits. The
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Del. Super. Ct.·
2022-05-17
The court denied the defendant's motion to suppress evidence obtained from his iPhone. While the first search warrant was deemed overly broad and partially invalid due to a lack of probable cause for a specific time period, the second search warrant was found to be valid and inde
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Del. Super. Ct.·
2022-04-29
The court granted the defendant's motion for postconviction relief, finding that trial counsel was ineffective for failing to file a motion to suppress evidence obtained from an illegal seizure. The court held that the anonymous 911 call did not provide reasonable articulable sus
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M.D. Fla.·
2021-07-09
The federal habeas petition is timely due to equitable tolling, but claims are either procedurally barred or fail on the merits.
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991 F.3d 1327·
11th Cir.·
2021-03-24
Dontiez Pendergrass was convicted of five counts of armed robbery and related firearm offenses for a series of robberies targeting small businesses in Georgia, based on evidence including surveillance videos showing a distinctive pattern of conduct, ballistics matching a firearm
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M.D. Fla.·
2021-03-08
The court held that the petitioner's claim of ineffective assistance of counsel was meritless and that the state court did not unreasonably deny it.
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Fla. 2d DCA·
2021-02-26
An investigatory stop requires well-founded, articulable suspicion of criminal activity; mere suspicion based on time of night, location, and a person's reaction to police is insufficient. Statements obtained during an unlawful stop must be suppressed, but evidence discovered dur
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M.D. Fla.·
2021-01-11
The court held that the applicant's claim of ineffective assistance of counsel for failing to suppress pre-Miranda statements was procedurally barred due to failure to exhaust state remedies and present the specific factual basis to the state court. Even on the merits, the claim
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Del. Super. Ct.·
2020-12-14
The Court of Common Pleas denied the defendant's motion for postconviction relief, finding that his claims were either procedurally barred or meritless. The court concluded that the defendant failed to demonstrate ineffective assistance of counsel under the Strickland standard, a
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Del. Super. Ct.·
2020-12-14
The Court adopted the Commissioner's Report and Recommendation, denying the Defendant's motion for postconviction relief. The Court found that the Defendant failed to meet the burden of proving ineffective assistance of counsel under the Strickland standard and that his claims we
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Fla. 4th DCA·
2020-11-12
A dog sniff of a person's body during a lawful traffic stop does not violate the Fourth Amendment when conducted based on reasonable and articulable suspicion that the person possesses drugs, even without probable cause or a warrant, provided the sniff is minimally intrusive. Onc
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Fla. 4th DCA·
2020-09-23
Law enforcement officers had reasonable suspicion to stop a defendant based on a BOLO describing a burglary suspect and an observed bicycle light violation, where the defendant matched the BOLO description and was riding away from the burglary scene. The combination of the detail
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Fla. 2d DCA·
2020-07-29
The appellate court reversed the denial of a postconviction relief motion, finding that the defendant may have received ineffective assistance of counsel. Counsel allegedly failed to advise the defendant of a coerced consent defense regarding a cell phone search, which could have
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Fla. 1st DCA·
2020-06-29
The exclusionary rule does not apply to DNA evidence obtained from a crime scene and matched against a DNA profile lawfully stored in CODIS, even if the retention of that profile may have violated state law or policy, because no Fourth Amendment search or seizure occurred and law
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Fla. 1st DCA·
2020-05-26
The appellate court affirmed a conviction for first-degree murder, sexual battery, and burglary. The court held that the "fruit of the poisonous tree" doctrine did not apply to suppress DNA evidence found at the crime scene, even if the defendant's DNA profile was improperly reta
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Fla. 2d DCA·
2020-03-25
The appellate court reversed a defendant's convictions for drug trafficking, resisting an officer, and loitering/prowling. The court found that the initial police stop lacked reasonable suspicion because the caller's observation of the defendant turning a doorknob was consistent
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Fla. 1st DCA·
2020-03-20
The appellate court reversed a trial court's order suppressing evidence. The court held that even if officers unlawfully intruded onto a defendant's property, evidence discovered in an open field outside the curtilage of the home is not subject to suppression, as there is no reas
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Del. Super. Ct.·
2020-02-27
The court denied the defendant's motion to suppress evidence obtained from his cell phone. The court found that while the search warrant may have been overly broad in its scope and temporal limitations, the evidence was admissible due to the defendant's voluntary consent to the s
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M.D. Fla.·
2019-12-06
The federal court denied the petition for writ of habeas corpus, finding that the state court's adjudication of the petitioner's claims was not contrary to, nor an unreasonable application of, clearly established federal law and was not based on an unreasonable determination of t
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Del. Super. Ct.·
2019-05-28
The court granted the Defendant's motion to suppress, finding that while the initial traffic stop was supported by probable cause, the officer lacked reasonable, articulable suspicion to extend the stop a second time or probable cause to conduct a warrantless search of the vehicl