BSO Legal Bulletins

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  1. Can Fire Rescue (or LE) breach the duty of care by failing to take the patient to the preferred hospital where the patient’s doctor was awaiting their arrival? (Franco v. Miami-Dade County)
    Franco v. Miami‐Dade County decided that a breach does not occur when FD (or LE) adheres to standard protocol (i.e. applicable standard or care).
  2. What are the limitations of warrantless searches based on exigency? (Fields v. SFL)
    Any warrantless search based on an exigency must be limited in scope to its purpose, and an officer may not continue the search once it has been determined that no exigency exists.
  3. Is Miranda required when asking to a defendant during a traffic stop? (SFL v. Thomas)
    Traffic stops are generally not considered to constitute custodial interrogation and law enforcement officers are permitted to ask a moderate number of questions to confirm identity and to confirm or dispel suspicions related to the scope of the stop without being required to first inform a motorist of his or her Miranda rights.
  4. Is an anonymous tips sufficient to justify a Terry Stop, absent corraboration from independent police investigation? J.H. v. SFL
    NO. Anonymous tips justify a Terry stop only when sufficiently corroborated by independent police investigation that confirms some details of the tip.
  5. Without a founded suspicion of criminal activity, a police officer does not have the right to detain a person absent that person's consent. What are relevant factors in determining the legality of a temporary investigatory detention based on a BOLO?
    The length of time and distance from the offense, the specificity of the description of the vehicle and its occupants, and the source of the BOLO information. (Partlow v. FL)
  6. Is a conversation between def. and a third party (non-LEO) in an interview room considered the functional equivalent of an interrogation? Riley v. SFL
    No, as long as LE does not deliberately foster an expectation of privacy that would implicate a defendant's Miranda rights.
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