III. At a hearing on a motion to suppress physical evidence, a police officer testifies as follows: My partner and I were on routine patrol in a known high-crime area at about 2:00 in the morning. We saw two young African- American males standing on the sidewalk in an otherwise-deserted block. We stopped our marked patrol car, got out, and approached them. I would say we weren't running, but we were walking very fast. When they saw us – they looked right at us – they turned and ran. We chased them, but one got away. We did catch the defendant [pointing at him] and detained him. We then conducted a brief search of his jacket pockets and found drugs. At argument on the motion, prosecution counsel takes the position that, given that the events in question took place in a high-crime area and the defendant engaged in headlong flight from the police, the police conduct was justifiable in all respects and the drugs are admissible in evidence. Defense counsel, when asked to make his argument, responds as follows: I have two points to make, Your Honor. First, I respectfully direct Your Honor's attention to Commonwealth v. Warren, 58 N.E.3d 333, esp. at 342 et. seq. (Mass. 2016). As Your Honor will see, the Supreme Judicial Court of Massachusetts takes the position that in light of events occurring in Ferguson, in Baltimore, indeed all across the land, the headlong flight of a young black man from police should no longer be considered as contributing to the calculus of probable cause or articulable reasonable suspicion. Warren has been followed by other courts, and I respectfully I. You are representing Fugly Mope at his trial on a charge of Aggravated Lurking with Intent to Gawk. The prosecution has subpoenaed Sadie Applepie. As Ms. Applepie is taking the witness stand, a woman in the visitors' gallery rises and says, "Your Honor, I'm attorney Jane Ever with the firm of Dewey, Ever, Cheatem, & Howe. May I approach the bench?" The judge nods his head, and you, along with the prosecutor and Ms. Ever, come sidebar. The following conversation ensues: THE COURT: Of course I know you, Ms. Ever. Your firm has a very active criminal practice. What is your business before the court today? MS. EVER: Your Honor, I represent the witness, Sadie Applepie. THE COURT: But what relief are you seeking, Ms. Ever? MS. EVER: None at this time, Your Honor. That may change, however, depending on what questions Ms. Applepie is asked. At the conclusion of this somewhat cryptic bench conference, all lawyers return to their places and the prosecution conducts its direct examination of Ms. Applepie. You then cross-examine. The prosecution conducts a re-direct, after which you ask to approach the bench again. There, the following takes place: YOU: Your Honor, in light of certain questions asked by the prosecutor on re-direct, I seek leave to conduct a brief re-cross of the witness. THE COURT: Denied. I never allow re-cross. If you want to elicit additional testimony from this witness, you can subpoena her and examine her as a defense witness. YOU: Your Honor, may I be heard? I have at least one, perhaps several, arguments I'd like to make to try to persuade you that I would be very much prejudiced if Your Honor were to require me to subpoena the witness rather than allowing me to re-cross at this time. THE COURT: Very well, counsel, proceed. What are your arguments? * * So what are your arguments? submit that the Florida constitution and statutory law provide Your Honor with authority to do likewise. I urge you to do so. But my second point, Your Honor, is that even if you were to rule that the initial stop of my client was justified, the ensuing search was not. On that basis, the evidence should be suppressed. * * * You're the judge. Make a ruling, explaining your reasoning. Address both points raised by the defense attorney. II. A. Once again you represent Fugly Mope, who this time is charged with a drug crime. Fugly claims that someone whom he met at the bar at which he routinely stops on the way home from work, and whom you suspect of being a confidential informant, lured and pressured Fugly into committing the crime. The prosecution's discovery exhibit indicates that there was a confidential informant used in the case. You are considering filing a motion to disclose the informant. What will you take into account in reaching a final decision? If you decide to file the motion, what form will it take? What will be included in it? B. Now assume, not that you represent Fugly in this case, but that you are the judge before whom the motion to disclose informant has been filed. How will you decide whether or not to conduct an in-camera hearing on the motion? If you decide to conduct the hearing, what form will it take? Who will be present, who will do what, and what will you ask? DU Poisonous Cases and Materials for the Course in Florida Criminal Procedure That will-o'-the wisp, the law. where shall I begin to speak of it? Fruits of illegal Is the law the legal rules, or their interpretations by judges, or cres fruits of by juries? Is it the precedent or the present fact? The norm or tree the practice? I think I'm not interested in what the law is. Surely, though, I am curious about things that the law can be made to do, but this disinterestedly, without involvement. A child encounters a toy tractor, winds it up, and sets it climbing over a book. The tractor climbs well. The child puts another book here, so, and angles the first. The tractor surmounts them, with difficulty. The child opens the pages of the first book, leans the second obliquely against it, and places his shoe behind the two. The tractor tries, strains, spins, whirrs, and falls like a turtle on its back, treads racing uselessly. The child moves on to his crayons and picture puzzles, no expression on his face. I don't know what you mean, sir, when you speak of justice. -- John Barth, The Floating Opera I. Arrest thing For our first class, please see http://www.youtube.com/watch?v=wOx60M01M5M arrest requires one or A. What is arrest? you actual physical contact of home kinds or 2 subminion author California v. Hodari D., 499 U.S. 621, 622-627 (1991) outy B. Warrantless arrest yoto more , and (5) drunk dringer Warrantles arrest HVOR Although Florida statute law provides for arrest pursuant to warrant, see materials infra at F, and arrest pursuant to the filing of a prosecutor's Information, see Fla. Stat. 932.48, the vast majority of arrests in Florida are made by police officers acting without warrant. Felony - more than a Fla. Stat. $ 901.15(1), (2), Lola Misdemearon unwith by in the arresting officer's presence is set out in $ 901.15, as are a number of exceptions. But county jail certain other exceptions are scattered throughout the Florida Statutes, e.g., $ 812.015(4) (retail - must theft or farm theft); $ 316.645 (certain automobile accidents); $ 828.17 (animal cruelty); $ www tell me 893.13(6)(d) (possession of marijuana); $ 790.02 (carrying a concealed weapon); $ 856,031 the mis presence in wider to conduct warranther Copyright © 2015 Milton Hirsch search, I. You are representing Fugly Mope at his trial on a charge of Aggravated Lurking with Intent to Gawk. The prosecution has subpoenaed Sadie Applepie. As Ms. Applepie is taking the witness stand, a woman in the visitors' gallery rises and says, "Your Honor, I'm attorney Jane Ever with the firm of Dewey, Ever, Cheatem, & Howe. May I approach the bench?" The judge nods his head, and you, along with the prosecutor and Ms. Ever, come sidebar. The following conversation ensues: THE COURT: Of course I know you, Ms. Ever. Your firm has a very active criminal practice. What is your business before the court today? MS. EVER: Your Honor, I represent the witness, Sadie Applepie. THE COURT: But what relief are you seeking, Ms. Ever? MS. EVER: None at this time, Your Honor. That may change, however, depending on what questions Ms. Applepie is asked. At the conclusion of this somewhat cryptic bench conference, all lawyers return to their places and the prosecution conducts its direct examination of Ms. Applepie. You then cross-examine. The prosecution conducts a re-direct, after which you ask to approach the bench again. There, the following takes place: YOU: Your Honor, in light of certain questions asked by the prosecutor on re-direct, I seek leave to conduct a brief re-cross of the witness. THE COURT: Denied. I never allow re-cross. If you want to elicit additional testimony from this witness, you can subpoena her and examine her as a defense witness. YOU: Your Honor, may I be heard? I have at least one, perhaps several, arguments I'd like to make to try to persuade you that I would be very much prejudiced if Your Honor were to require me to subpoena the witness rather than allowing me to re-cross at this time. THE COURT: Very well, counsel, proceed. What are your arguments? * * So what are your arguments? II. A. Once again you represent Fugly Mope, who this time is charged with a drug crime. Fugly claims that someone whom he met at the bar at which he routinely stops on the way home from work, and whom you suspect of being a confidential informant, lured and pressured Fugly into committing the crime. The prosecution's discovery exhibit indicates that there was a confidential informant used in the case. You are considering filing a motion to disclose the informant. What will you take into account in reaching a final decision? If you decide to file the motion, what form will it take? What will be included in it? B. Now assume, not that you represent Fugly in this case, but that you are the judge before whom the motion to disclose informant has been filed. How will you decide whether or not to conduct an in-camera hearing on the motion? If you decide to conduct the hearing, what form will it take? Who will be present, who will do what, and what will you ask? DU Poisonous Cases and Materials for the Course in Florida Criminal Procedure That will-o'-the wisp, the law. where shall I begin to speak of it? Fruits of illegal Is the law the legal rules, or their interpretations by judges, or cres fruits of by juries? Is it the precedent or the present fact? The norm or tree the practice? I think I'm not interested in what the law is. Surely, though, I am curious about things that the law can be made to do, but this disinterestedly, without involvement. A child encounters a toy tractor, winds it up, and sets it climbing over a book. The tractor climbs well. The child puts another book here, so, and angles the first. The tractor surmounts them, with difficulty. The child opens the pages of the first book, leans the second obliquely against it, and places his shoe behind the two. The tractor tries, strains, spins, whirrs, and falls like a turtle on its back, treads racing uselessly. The child moves on to his crayons and picture puzzles, no expression on his face. I don't know what you mean, sir, when you speak of justice. -- John Barth, The Floating Opera I. Arrest thing For our first class, please see http://www.youtube.com/watch?v=wOx60M01M5M arrest requires one or A. What is arrest? you actual physical contact of home kinds or 2 subminion author California v. Hodari D., 499 U.S. 621, 622-627 (1991) outy B. Warrantless arrest yoto more , and (5) drunk dringer Warrantles arrest HVOR Although Florida statute law provides for arrest pursuant to warrant, see materials infra at F, and arrest pursuant to the filing of a prosecutor's Information, see Fla. Stat. 932.48, the vast majority of arrests in Florida are made by police officers acting without warrant. Felony - more than a Fla. Stat. $ 901.15(1), (2), Lola Misdemearon unwith by in the arresting officer's presence is set out in $ 901.15, as are a number of exceptions. But county jail certain other exceptions are scattered throughout the Florida Statutes, e.g., $ 812.015(4) (retail - must theft or farm theft); $ 316.645 (certain automobile accidents); $ 828.17 (animal cruelty); $ www tell me 893.13(6)(d) (possession of marijuana); $ 790.02 (carrying a concealed weapon); $ 856,031 the mis presence in wider to conduct warranther Copyright © 2015 Milton Hirsch search, ("loitering and prowling");$ 509.162(2) (theft in a public lodging establishment or restaurant); $ 509.143(2) (disorderly conduct on licensed premises); $ 327.30(6) (boating accidents); $ 784.048(6) (stalking). No, you need not read these statutes.) C. "Stop and frisk" (a/k/a Terry stops) -articulatte reasonable Suspicion Crimeafoot Terry v. Ohio, 392 U.S. 1 (1968) Fla. Stat. $ 901.151 Illinois v. Wardlow, 528 U.S. 119, 121-126 (2000) C.E.L. v. State, 24 So.3d 1181 (Fla. 2009) D. Knock and announce and stand there for heasonable povied time Fla. Stat. $$ 901.19,933.09 State v. Cable, 51 So.3d 434 (Fla. 2010) hat waviat dud kudu did not announce E. Hot pursuit from the point of the I have drove Fords exclusively when I could get away with one. crime, contion where It has got every other car skinned, and even if my business hasn't been strictly legal it don't hurt anything to tell you what a fine car you got in the V-8. made the arrest - letter from Clyde Barrow (of “Bonny and Clyde" fame) to Henry Ford, on display at the Ford Museum in Dearborn, Michigan the office could have ع thing Fla. Stat. $ 901.25 (Hot pursuit) Porter v. State, 765 So.2d 76 (Fla. 4th DCA 2000) *3 Part best of Porte Fla. Stat. SS 23.1225, 166.0495 police must act without unnecessary delay -robeny otwedi bend The pursuit nout be continuous and hot pursuit and uninterrupted F. Arrest pursuant to warrant or other process close in time sway 3 -commission of the offense 1. Arrest warrant commencement of the apprehension of the suspect. An arrest warrant "is a legal process issued by competent legal authority, directing the arrest of a certain person or persons, upon sufficient grounds, which must be stated in the warrant." Harvey Cortlandt Voorhees, The Law of Arrest in Civil and Criminal Copyright © 2015 Milton Hirsch & judgen finch no probatle cause the oneste released outright Fla.R.Crim.P. Fla. Stat. SS 90 2. Car A you At common la tongue-twisting writs. antecedents of our me issue an alias capias sicut alias praecipim warrant is properly te often commanded. referring to "bench lawyers and judges is ما Burence Shin in jail on 21 day, the arreste hou a entitle to aduersany greliminary hearing must testify required read Fla. R. Crim.P -cron examine optional reac Fla. Stat. 99 anin 3. مه judo must malce probable came - If no probable cause the arreste in releasd. -16 solatle care Fla.R.Crim ا ن میو عالی ریل back to [wamantless arrest Juage IL First Appearan Council - Auto Fla R. Crim Griglen v. windje me wa 12 than III. Probable Cau wie dempe Fla.R.Crim 13 close your IV. Indictment, 4 Communicate qut 5 These mit when the In pe woul сі Lou so thie coont have to Julge must din wepo