Category Archives: Legal

Florida Forms Police Crash Task Force—For No Good Reason

Posted on March 10, 2012 by Randall

A State Task Force has been empaneled to study police vehicle crashes.  The Governor’s Office has appointed Florida Highway Patrol Director Col. David Brierton Jr., Sarasota County Sheriff Tom Knight, and Winter Park Police Chief Brett Railey to study law enforcement training, agency policies, and crash data.  I do not see why. The Orlando Sentinel boasts the State Task Force was formed based upon the newspaper’s series of articles about police crashes and public safety. Sentinel reporters studied crash statistics from 2006 to 2010 and tallied an average of 7,400 police car crashes per year, causing 2,400 injuries, 20 deaths, and $25 million in property damage. One Sentinel article states, … Continue reading →

Posted in Legal, Misc., Street | Tagged , , , , , | 1 Comment

Proposed Indiana Castle Doctrine Allows for Killing Police Officers

Posted on March 4, 2012 by Randall

Updated 3/23/2012:  It was signed into law by Gov. Daniels. Updated 3/9/2012:  SB 1 was passed by the Senate and the House and will be sent to Indiana Governor Mitch Daniels.  See the end of the article for further. If you have not been following the legal machinations in the State of Indiana over Castle Doctrine, you need to read the appalling proposed “legislation” that is Indiana Senate Bill 1 (SB 1) 2012.  This bill passed the Indiana House 74-24 in a vote last week and was returned to the Indiana Senate with amendments. Sections (h)(i),(j), SB-1 from the Indiana General Assembly: (h) A person is justified in using reasonable … Continue reading →

Posted in Legal, Officer Safety | Tagged , , , , | 17 Comments

Miami SWAT Officer Cleared in Shooting; State Attorney Questions Policy

Posted on February 24, 2012 by Randall

It was New Year’s Eve 2011 and Ofc. Maurice Sodre was part of a mobile nine-man Miami Police Department SWAT team detailed to assist MPD road units with shots fired calls or other emergencies based upon the holiday. At approximately 0145 hrs on 1/1/2011, the detail, driving in two black unmarked Ford Excursion SUV’s, responded to the area of 1st Place and 15 Street in Overtown for a report of shots fired.  As they approached the area, the officers saw four males at the intersection, one of whom began to walk, and then run, northbound. The male, Lynn Weatherspoon, was ordered to stop by several of the responding SWAT members.  … Continue reading →

Posted in Legal, SWAT | Tagged , , , , | 1 Comment

Supreme Court: Miranda Not Required for Prisoners

Posted on February 22, 2012 by Randall

On 2/21/2012, the Supreme Court of the United States ruled in the case of Howes, Warden vs. Fields, No. 10-680.  This case addresses the issue of police questioning of a prisoner without giving Miranda Warnings.  The High Court held that Miranda protections do not apply to prisoners, as long as certain circumstances are present. What is interesting about the majority opinion, written by Justice Samuel J. Alito, and joined by Justices Roberts, Scalia, Kennedy, Thomas, and Kagans, is the reasoning the Court used in overturning the U.S. Court of Appeals Sixth Circuit assertion that the interview of prisoner Randall Fields by sheriff’s deputies was a custodial interrogation. Although it is … Continue reading →

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Wife of Murdered Tampa Cop Faces Killer

Posted on February 11, 2012 by Randall

Yesterday in sentencing phase of the murder trial of Tampa, Florida Police Corporal Mike Roberts, his wife delivered a statement to the Court, which was directed squarely at his killer, Humberto Delgado, Jr.  The following is the transcript of Cindy Roberts’ words to the man who murdered her husband: “Your honor, I would like to thank you for this opportunity to address the court. During my victim’s impact testimony the defense team was able to censor my statement and I did not feel that that followed the spirit of what the victim’s impact statement was supposed to provide. “But mostly, I want to speak to you [addressing Delgado]. You, the … Continue reading →

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Florida Police Cadet Still Missing, Presumed Dead

Posted on February 10, 2012 by Randall

On March 13, 2011, the Pinellas County, Florida Sheriff’s Office began investigating the disappearance of Pinellas County Police Academy Cadet Kelly Rothwell. Rothwell, 35, has not been found. In a press release on June 14, 2011, PCSO named Rothwell’s boyfriend, David R. Perry, as a suspect in her disappearance. Rothwell was last seen on March 12, 2011 at 3:30 p.m. when she left a Clearwater restaurant to go home and break up with Perry. Her green 2007 Subaru Outback was found two miles south of her Indian Rocks Beach residence the next day. Friends and family have not heard from her since. Rothwell did not attend class on March 14 … Continue reading →

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The Untouchables Arrested in Florida/Kentucky Pill Mill Sting

Posted on February 8, 2012 by Randall

A case from last week proves that slowing the sale of legal prescription pills for illegitimate purposes is more difficult than was thought.  Though Florida’s Attorney General Pam Bondi has made it a priority to shut down “pill mills,” and the illegal drug infrastructure they support, initial controls are not yet putting a squeeze on the flow. On 2/3/2012, Franklin County, Kentucky Sheriff Pat Melton announced the arrest of nearly 30 individuals wanted in the large scale distribution of Oxycodone and other pills obtained from Florida pharmacies.  It was called Operation Untouchable. The nickname for the criminal syndicate came from the wording “The Untouchables” and a photo of group members … Continue reading →

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Karbon Arms Touts Court Victory over Taser

Posted on February 2, 2012 by Randall

In a press release on 1/30/2012, Karbon Arms, a Tampa, FL based manufacturer of electronic control devices (ECD), sent out a press release detailing what they described as a victory over Taser International’s “unethical behavior.”  Read the details below. Karbon Arms, a leader in electronic immobilization technology prevailed in the U.S. District Court. In the court filing, Taser International (NASDAQ: TASR) falsely accused Karbon Arms of violating a court ordered injunction. Karbon was vindicated of the baseless allegation by Rick Smith, Taser’s CEO, that Karbon is “seeking to evade the Court’s injunction through subversive means.” In the hearing to determine whether Karbon Arms is selling an infringing version of the … Continue reading →

Posted in Legal, Taser | Tagged , , | 1 Comment

Police GPS Tracking Requires Search Warrant

Posted on January 25, 2012 by Randall

On 1/23/2012, the U. S. Supreme Court ruled in the 2005 case of the United States vs. Antoine Jones (10-1259).  The High Court held that the attachment of a Global Positioning System (GPS) tracking device to an individual’s vehicle, and the subsequent use of that device to monitor the movements of the vehicle on public streets, constitutes a search under the Fourth Amendment and requires a search warrant. Yawn.  Many police agencies already obtain a search warrant before using a GPS to track a suspect’s vehicle.  While paranoid liberals out there cheer the “landmark” decision, it is fair to note a few under-reported things about U.S. vs. Jones.

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Video Recording the Police Can Be Illegal

Posted on January 13, 2012 by Randall

A citizen with a cellular phone was arrested for obstructing justice when he recorded the activities of Tampa, FL police officers investigating a disturbance call on May 1, 2011.  Two officers were in a public parking lot in Ybor City checking on a reported fight at 2:30 am. Jeffrey Dylan Patch began video recording the officers with a cell phone camera. In the blurry video shot by Patch, he was told by an officer, “Sir, please step back.”  Patch is asked three times to move back.  Though Patch appears to comply, he is warned by an officer that, “You’re interfering with our investigation right now.” Patch is heard replying, “I … Continue reading →

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U. S. Supreme Court to Rule on Florida K9 Drug Sniff

Posted on January 11, 2012 by Randall

The Unites States Supreme Court will make a ruling this year in the case of a K9 sniff conducted outside a private residence in 2008.  The alert by Miami-Dade narcotics detector K9 Franky resulted in a search warrant for the residence and ultimately a drug seizure and arrest. At odds in Joelis Jardines vs. State of Florida (SC08-2101) is whether the sniff of the exterior of the home violated the suspect’s Fourth Amendment rights to search and seizure.  Jardines was arrested after the search warrant service yielded 179 marijuana plants in his home.

Posted in K9, Legal | 2 Comments