On April 6, 2018 at approximately 0302 hours, I was leaving the parking lot of the Walmart located at 8701 US HWY 19 Port Richey, FL when I observed a black 2012 Hyundai four door sedan bearing Florida tag 7338IC traveling south on US HWY 19 approaching Ridge RD. I observed the tail lights and tag light of the vehicle to not be on. I maneuvered my unmarked patrol vehicle (116) behind the Hyundai and activated my emergency equipment to conduct a traffic stop. The Hyundai came to a stop in the area of US HWY 19 and Washington ST.
I made contact with the driver, who was identified using her Florida driver’s license as Jennifer Lea Leal. The front seat passenger was identified by his California identification card as Oliver Brandon Howell Burns. As Jennifer was attempting to remove her driver’s license from her wallet I noticed she was having difficulty and almost handed me a debit / bank card, before realizing it was not her license. Jennifer had glassy blood shot eyes, and the strong odor of alcoholic beverage was emitting from her breath when she spoke.
I had to ask her multiple times for her vehicle’s registration and proof
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Florida Highway Patrol Trooper William Green (1130) agreed to assist and utilized his patrol vehicle’s Intoxilyzer 8000 to conduct a breath alcohol test. The breath test was conducted, with a first sample of 0.111 and a second sample of 0.112. Trooper Green provided me with the FDLE breath alcohol test affidavit, a copy of which was later attached to this report.
Jennifer was read Miranda from an agency issued card and verbally acknowledged she understood her rights. Jennifer admitted to having a couple beers and a couple shots of vodka, but would not provide a time frame or amount. She advised she was also taking “Vicodin” and alprazolam she was prescribed, and admitted she was not supposed to be drinking alcohol while taking the
On Monday, December 4, 2017, I was on patrol, in full uniform, in a marked black and white Pasadena Police vehicle, Unit #17. At approximately hours 1005 hours, I was traveling east on Claremont St., from Lincoln Ave., when I noticed a female, Hispanic wearing a purple shirt and black shorts carrying a dark colored can and salmon colored purse. The female, Hispanic was later identified as Lucy Cisneros Bermudez DOB 04/09/87. Bermudez was exiting the freeway-wash that is located between the 210
Reyes v. Missouri Pac. R. Co., 589 F.2d 791, 794 (5th Cir. 1979) The appellant court held that it was not. According to rule 404 under the Federal Rules of Evidence, “evidence of a person 's character or character trait is not admissible to prove that on a particular occasion the person acted in accordance with the character or trait”. Fed. R. Evid. 404 Under this rule the evidence of Reyes prior convictions admitted by the trial court, “purpose of showing that he was intoxicated on the night that he was run over by defendant-appellee 's train” proves to be inadmissible under Rule 404(a) of the Federal Rules of Evidence. Reyes v. Missouri Pac. R. Co., 589 F.2d 791, 792 (5th Cir. 1979) The courts due mention the exceptions on the admission of character evidence. However the court did not use the evidence of Reyes past drunkenness to prove some other criminal purpose. Since the trial court failed to do the latter, and instead entered evidence on the basis of character to prove that the plaintiff acted in accordance with his character trait during the night in question, it went against the modern rules set out in FRE 404 and is therefore
On June 26, 2006, a Sheriff Officer of the State of Florida, William Wheetley and his drug detection dog, Aldo, were on patrol. Furthermore, Officer Wheetley conducted a traffic stop of the defendant Clayton Harris for expired tags on his truck. As Officer Wheetley approached the truck, he noticed that Harris was acting nervous/anxious, more than he should have, and he also noticed an open can of beer in the cup holder next to him. At that moment, Officer Wheetley knew that he was hiding something, he requested to search
This case involves the suspect being arrested for driving under the influence of alcoholic beverages in violation of CVC 23153(a)-DUI.
The Court held that because of the “special facts” the “attempt to secure evidence of blood-alcohol content in this case was an appropriate incident to petitioner’s arrest.” Under current jurisprudence, we would construe the language about “special facts” as relating to the exigent circumstances exception to the Fourth Amendment – which resists categorical rules – and instead focuses on the need for the intrusion and the availability of a warrant. However, the language also justifies the search as “incident to petitioner’s arrest,” which would indicate that the test was upheld as a search incident-to-arrest. In situations where it is appropriate, that has been described as a “categorical” exception to the warrant requirement that does not require any case-by-case
First of all, the initial license plate has a code is NE14NSA, which stands for “anyone for an essay”. Due to the fact Dr. Otto Mobile was the only person class related, the plate is his. Also, the plate UUD2UUNX stands for “used to use an axe”, which is Ken’s because he was related to trees. Considering the interviews show that Anita is a librarian which is the opposite of movies and it stands for “I hate movies”, IH8MOOV is Anita’s. ICU83PL88 must be Kelly’s because she is the only suspect left. Because Kelly’s plate had a yellow scratch on the back but none on the front, she must be innocent. Ken’s plate had scratches on both sides, meaning he was in the middle of two cars. Otto’s car had a scratch on the back, meaning that someone crashed into him. Considering Anita’s plate was the only plate without a scratch on the back, she was in the back of the
A “wild chase” then began and police fired shots at the stolen vehicle. The pursuit was said to have reached 160 kilometres per hour or more by police. Border patrol said they chased the teens and the hijacked car down Route 27. During the chase, the border patrol vehicle collided with the stolen vehicle in Stratton, Maine. Despite the collision, the car continued on while shots were being fired towards Kingsfield, Maine.
1. The womens car was parked nearby, and sheriffs deputies asked to see the owners drivers license.
At that call the one officer spoke in Spanish to the people in question so I did not understand a thing that was said. We did pull over a vehicle that was swerving. Officer Todd was nice enough to let me go up to the vehicle with him because of my background of being an officer many moons ago and knowing about officer safety. There were to subjects in the car, a female driving and a male passenger. He asked for driver’s license and registration we took that back to the vehicle and the female was driving on expired driver’s license. Officer Todd also could smell the odor of alcohol in the vehicle. At this time a fellow officer Banks came over to myside and opened the car door and talked with the male passenger. He found open containers of beer and made the male pour everything out. Also Officer Todd asked the female how much she had been drinking and she stated “Two Beers” (the standard answer) we left the suspects in the vehicle and walked back to our
These considerations are: the age of the defendant, the level of education and intelligence, previous experience with the police, the nature of the questioning, the length of the detention before a statement was given, advice to the suspect of their constitutional rights, the length and reasonableness of a delay before appearing before a magistrate, altered mental state due to intoxication or poor health, the withholding of food, water, or health care; abuse, and the threat of abuse State v. Climer, 400 S.W.3d 537, 2013 Tenn. LEXIS 354, 2013 WL 1694804 (Tenn. 2013), State v. Echols, 382 S.W.3d 266, 2012 Tenn. LEXIS 738 (Tenn. 2012), State v. Blackstock, 19 S.W.3d 200, 2000 Tenn. LEXIS 168 (Tenn. 2000). In addition to the aforementioned considerations, their level of functioning, reading skills, writing skills, demeanor, possible malingering, and responsiveness to interrogation are considered. Additionally, the language and manner used when presenting Miranda rights must also be taken into consideration State v. Blackstock, 19 S.W.3d 200, 2000 Tenn. LEXIS 168 (Tenn.
I observed the officer claim that when he questions the defendant, he felt as if he was off. The victim gives a full detail report to the officer, describing what the person looked like and everything. One of the officers had taken his picture, and sent one to the transit police, to see if it was the same person they were looking for. In the meantime, the woman officer was interrogating him about where he has been and of prescription medication that was discovered in his bag. However, the defendant lied about why his taking the medicine. I observed that the police mentioned the defendant was very yielding and being extremely corporative. The officer mentioned that he took him to the hospital for psych assessment being that he was acting odd, so they kept him because of strange behavior. I observed the officer mention that from there, they got a report that the defendant was the same person they were looking at in the pictures. It was at the hospital that they arrested the defendant.
“Now the issue before the Court is the admission in evidence of the defendant’s confession under the facts and circumstances of this case over the specific objections of this trial counsel that it had been given in the absence of counsel,” said John J. Flynn, who argued for Miranda. “I believe the police officers testified to the fact that they told him [Miranda] of his rights and that they also, besides telling him that perhaps the record is a little unclear, in both cases, as to exactly when it took place but I believe the record supports a statement that he was advised specifically by them of his rights and then he was adverted to the paragraph and perhaps even again the paragraph was read to him,” said Gary K. Nelson, who argued for Arizona.... ... middle of paper ... ...
Mr. Howdyshell was able to produce the information that was asked for. I asked the passenger Reginald Crowder, black male, DOB of 12/29/1963 for his identification. He didn’t have his identification card the first time I asked but he later gave me A Michigan ID card with the name he verbally gave me. LEIN / NCIC / SOS: A LEIN / NCIC / SOS check of Mr. Howdyshell showed to have a valid Michigan Operators License with no wants or warrants.
Breaking into cars is a very common practice with a variety of people who need to access the inside of a car without the keys .There are a variety of methods used to open car doors without the keys. In the 21st century breaking into vehicles is a common practice and there are many motivations legal and illegal. There are a variety of methods and tools used to get into cars without the key.