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FLW Supplement Cases of Interest
TRAFFIC INFRACTIONS--RED-LIGHT CAMERAS. Printouts of vehicle registration information relating to vehicles alleged to have run red lights are inadmissible in red-light camera proceedings without proper authentication in accordance with the rules of evidence. Read more... TRAFFIC INFRACTIONS--SPEEDING. Section 316.1905(3)(b), which provides that the production of a certificate showing that a speed measuring device was tested within a specified time period and found to be working establishes a presumption to that effect, infringes upon the Florida Supreme Court's rulemaking authority and is unconstitutional. Read more... INSURANCE--BAD FAITH. An appraisal award which merely quantifies the amount of an insured's loss is not a final determination of an insurer's liability, a condition precedent to a bad faith claim against the insurer. Read more... CRIMINAL LAW--POSSESSION OF DRUGS. Courts reached conflicting rulings regarding the constitutionality of section 893.13 in light of a federal district court's recent ruling holding the statute unconstitutional. Read more... as well as here... DISSOLUTION OF MARRIAGE--DISCOVERY. A circuit court held that a motion to compel the production of financial documents required to be discussed under rule 12.285 was an abuse of the discovery rules. Read more...
FLW Federal Cases of Interest
CRIMINAL LAW--SEARCH AND SEIZURE--GPS TRACKING. The government's installation of a GPS device on a target's vehicle, and its subsequent use of that device to monitor the vehicle's movement on public streets, constituted a search within the meaning of the Fourth Amendment. Read more... CRIMINAL LAW--SEX OFFENDERS. The federal Sex Offender Registration and Notification Act does not require pre-Act offenders to register before the Attorney General validly specifies that the Act's registration provisions apply to them. Read more... CONSUMER LAW--DEBT COLLECTION--COMPUTERIZED CALLS--TELEPHONE CONSUMER PROTECTION ACT--JURISDICTION. The TCPA's permissive grant of jurisdiction to state courts does not deprive the U.S. district courts of federal-question jurisdiction over private actions to enforce the TCPA; therefore, federal and state courts have concurrent jurisdiction over private suits arising under the TCPA. Read more... CRIMINAL LAW--SENTENCING--FEDERAL GUIDELINES--ENHANCEMENT--DISTRIBUTION OF CHILD PORNOGRAPHY. Mere installation and use of peer-to-peer network to download child pornography into the user's shared folder does not as matter of law support the application of a five-level enhancement for offenses involving distribution of child pornography for the receipt, or expectation of receipt, of a thing of value. Read more... LAW ENFORCEMENT OFFICERS--SEARCH AND SEIZURE--EXCESSIVE FORCE--QUALIFIED IMMUNITY. Clearly established federal law prohibits police officers from subjecting compliant subject, who is attempting to surrender, to a five- to seven-minute attack by police dog. Read more... EMPLOYMENT DISCRIMINATION--RETALIATION--MINISTERS. The Establishment and Free Exercise Clauses of the First Amendment bar suits brought on behalf of ministers against their churches, claiming termination in violation of employment discrimination laws. Read more...
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