Category Archives: Legal

Florida Leads Nation in Death Sentences

The non-profit group Death Penalty Information Center published their 2012 report on December 18.  Florida had the most death sentences in the country for 2012 with 21 total.  California (14), Texas (9), and Pennsylvania (7), and Florida combined to serve 65% of the nation’s death sentences.  The projected nationwide total for 2012 will be 78, up from 76 in 2011. Florida executed three inmates in 2012:  Robert Waterhouse, David Allen Gore, and Manuel Pardo.  Florida currently houses 407 inmates on death row, second only to California with 724.  In 2000, lethal injection replaced the electric chair for Florida’s executions. As the use of the death penalty is at all time … Continue reading

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Emergency Medical Conditions and the Law Enforcement Response

We had two officers injured in a fight this week with a person refusing medical treatment at a local hospital.  The situation highlighted what can be a gray area for the police officer, which is the question of when to provide hands on assistance in the involuntary detainment of medical patients. In debriefing the troops, we found that there was confusion with some of the officers over an “incapacitated person” verses a Baker Act when it comes to dealing with uncooperative patients–either on the street or at a hospital facility. From the Department of Children and Families legal information of Emergency Medical Conditions: “Chapter 401.455, F.S. governs situations when an … Continue reading

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FHP Trooper Jailed for Contempt of Court

Florida Highway Patrol Trooper John Costa was sentenced to five days in jail and a $500.00 fine for contempt of court for failing to appear for a DUI trial in Volusia County on October 30.  Friday, Judge Belle Schumann made the contempt finding after Trooper Costa, who was aware of his subpoena, did not appear in court and would not answer phone calls or contacts at his front door by court liasons. According to Judge Schumann, “The essential facts constituting the criminal contempt charged are that Trooper Costa was a critical state witness in this case, under valid subpoena for trial, with actual and constructive knowledge that the trial was … Continue reading

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FDLE and AG Announce Decline in Prescription Drug Deaths

The Florida Department of Law Enforcement and the Florida Attorney General’s Office have announced the first prescription drug death decline in ten years.  I reported in March 2012 about AG Pam Bondi’s efforts to curb prescription drug deaths through the Prescription Drug Monitoring Program.  The FDLE, DEA, and local law enforcement have all collaborated to shut down pill mills, prosecute doctors abusing their authority, pulling the licenses of drug distributors and pharmacies who violate the law, and arresting abusers who violate the law.  Here is the press release from the AG’s Office: For the first time in nearly a decade, prescription drug-related deaths have declined. I joined Florida Department of … Continue reading

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AG’s Office Issues Brief on Concealed Firearms Carry

Last week, Attorney General Pam Bondi filed an amicus brief with the Florida Supreme Court in the case of Anthony Mackey v. State of Florida.  The Supreme Court will consider the direct conflict between Mackey v. State (Fl 3rd DCA 2012) and Regalado v. State (Fl 4th DCA 2010), which relates to concealed firearms carry.  The AG asks the Supreme Court to uphold the decision by the Third District Court of Appeal of Florida in this matter. The AG brief addresses the authority of a police officer to conduct an investigation of a person carrying a concealed firearm.  In short, on March 6, 2010, Miami Police Officer Alexander May observed … Continue reading

Posted in Concealed Carry, Firearms, Legal, Politics | Tagged , , , , | 1 Comment

Changes Proposed for Florida’s Photo Array and Live Lineup Procedures

The Florida Department of Law Enforcement, Florida Police Chief’s Association, Florida Sheriff’s Association, and the Florida Prosecuting Attorneys Association are issuing standardized guidelines for law enforcement agencies shaping how photographic and live lineups will be conducted in the future. Originally proposed by the Florida Innocence Commission and used in the Eyewitness Reform Act (SB 1206 and HB 821), this legislation failed in both houses last year.  Though lobbying in Tallahassee against legislative mandates, the FDLE, FPCA, FSA, and FPAA have endorsed voluntary changes to photo and live lineup procedures. Because the FPAA is “requiring” the voluntary changes in each judicial circuit, the implementation of these guidelines is a foregone conclusion.  … Continue reading

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Rob Pincus on “Irresponsible Open Carry Activism” and the Second Amendment

Rob Pincus is a former law enforcement officer, SWAT member, and world-renowned firearms and personal defense trainer.  Below was his response to what he sees as a threat to open carry and gun rights, in general.  I agree with his viewpoint. He asked Grant Cunningham to post this on his blog, and Mr. Cunningham gave me the go-ahead to reprint here.  I think it relevant,  in light of the obnoxious behavior by the wanna-be activists against Oregon cops that went viral last week… Irresponsible Open Carry Activism Jeopardizes The RKBA Guns should be carried for personal defense, not Activism. The best way to do that 99% of the time is … Continue reading

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Pensacola Officer Arrested for Battering DUI Suspect

The Pensacola Police Department fired K9 Officer Christopher Geraci for excessive force on Friday, then arrested him for misdemeanor battery in connection with his hit and run/DUI investigation on August 2. Suspect Abbi Bonds struck several cars with her late model Chevy Camaro at 2:30 in the morning.  Her vehicle was disabled with heavy damage and pulled to the side of the road several blocks from the crash scene when Geraci found her. After Geraci orders her back into her car several times, she refuses while continuing to talk on her cell phone.  He attempts to handcuff her.  As he does so, he tries to rotate her against her car.  … Continue reading

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Majority Supports Stand Your Ground

Mason-Dixon Polling and Research, Inc. conducted a telephone poll of 800 register voters across Florida from July 9, 2012 through July 11, 2012.  One of the questions involved Florida’s Stand Your Ground law.  Overwhelmingly, the voters polled supported Stand Your Ground.  It is interesting to see how the support and opposition are divided by gender, race, and region in the percentages.  Below are the results from Mason-Dixon: Question:  Florida’s “Stand Your Ground” law states that a person is justified in the use of deadly force to defend themselves if they reasonably believe that such force is necessary to prevent imminent death, great bodily harm, or to prevent the commission of … Continue reading

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Mecklenburg Act Brings Murder Charge for Aggravated Fleeing

On Friday, Gov. Rick Scott attended a ceremonial bill signing at the Hernando County Sheriff’s Office for the Deputy John C. Mecklenburg Act.  Deputy Mecklenburg was killed in the line of duty on July 3, 2011 during a high speed pursuit. The act provides for capital or life murder charges when a human being is killed during the commission of a crime involving aggravated fleeing or eluding from law enforcement officers when there is serious bodily injury or death. Mecklenburg, a Hernando County deputy for just over two years, was one of a number of officers and deputies who were attempting to stop a vehicle traveling the wrong way against … Continue reading

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St. Petersburg Officer’s Killer Gets Life Sentence

Yesterday, Nicholas Lindsey was found guilty of first degree murder in the killing of St. Petersburg Police Officer David Crawford.  At 17 years of age, Lindsey was sentenced to life in prison without the possibility of parole. The defense attempted to portray Lindsey, who was tried as an adult for the February 21, 2011 murder, as a “scared child” who accidentally shot Crawford.  Five times.  Jurors did not believe the rhetoric. Ofc. David Crawford’s widow, who was harassed in the 6th Judicial Circuit Criminal Courts Complex by Lindsey supporters, had no sympathy as she read her statement to the Court: “My name is Donna Crawford. I am the wife of … Continue reading

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Another Victim in the Trayvon Martin Case: Objectivity

I have thus far avoided weighing in on the Trayvon Martin-George Zimmerman shooting out of Sanford, FL.   I did not want to speak prematurely, however… The controversial incident happened nearly a month ago in the small city outside Orlando.  In the ensuing weeks, public outrage over the shooting, the investigation, the chief of police, and the charge of racism has simmered over. Each day, the mainstream media has brought us a fistful of “breaking news,” fresh protests, and the latest in politicians and celebrities vying for the spotlight in the wake of this case.  In society’s current zeal for instant gratification, it seems no one has patience for the … Continue reading

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They Gave My Cruiser a Trespass Warning!

…Updated below… The other night there was a knock at my front door and I saw a guy in plainclothes wearing a badge.  It was a command officer from the small city in which I live (but do not work).  He apologetically told me I could not park a marked police car in my driveway! I recently received a new slicktop CVPI that is striped and lettered.  My old cruiser, old as in a 2001 Crown Vic, was an unmarked unit.  The command officer said my new marked car is a “commercial vehicle” and violates the city code banning the parking of commercial vehicles on residential property.  He said they … Continue reading

Posted in Humor, Legal, Off Duty, Politics | Tagged , , , | 6 Comments

Florida Attorney General’s Efforts Curbing Pill Mills

Florida has been a major player in the prescription drug abuse epidemic in this country, but efforts by Florida Attorney General Pam Bondi have reduced the flow of addictive pain pills onto the streets. It is no secret that Bondi made pill mills and prescription drug abuse a priority when she made the move to Tallahassee in January of 2011.  Initially, her ideas were met with a cool reception in the governor’s office, but over the last year things have thawed and new enforcement strategies are paying off. At a press conference Wednesday, Bondi, Governor Rick Scott, Florida Department of Law Enforcement Commissioner Gerald Bailey, and Department of Health Interim … Continue reading

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Police Qualified Immunity Rejected in Florida K9 Dog Bite Case

I wrote an article for BlueSheepdog.com based on a K9 bite case from U. S. Court of Appeals 11th Circuit ruling in Edwards vs. Shanley and Lovette (11-11512) from the Orlando Police Department. The full article is linked above and gives the details of the call, but the gist of the ruling was that in the facts and circumstances specific to the Orlando incident in 2008, the judgment of the Appeals Court was to reject the qualified immunity defense of the two defendant police officers in this civil lawsuit. At consideration in the case was the plaintiff’s allegations that the K9 dog bit him for five to seven minutes, which … Continue reading

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