Bringing Police Reports to Prefile Conferences

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					             For the Law Enforcement Agencies of Miami-Dade County

Katherine Fernandez Rundle                                                  Miami-Dade State Attorney

                                                    1 August 2009

      POLICE-PROSECUTOR                    IN THIS ISSUE:                                                                                               PAGE
    COORDINATING COMMITTEE                 Police Reports Required.................................................................................... 1
                                           Case Law............................................................................................................ 2
        Steering Committee:
                                           New Laws ........................................................................................................... 3
                                           PPCC Sub-Committees ..................................................................................... 4
    Kristi Bettendorf, ASA, Chair
        State Attorney’s Office
            (305) 547-0220
                e-mail:                                Bringing Police Reports to Prefile Conferences
                                           It has long been a requirement that police reports and other paperwork be provided to the
        José Arrojo, Chief ASA             State Attorney’s Office at the time of the officer’s pre-filing conference on a felony arrest. We
        State Attorney’s Office            have become lax in this area, however, and our criminal justice system suffers as a result.
            (305) 547-0309
                                           Representatives from the different “stakeholders” in the criminal justice system – the State
                                           Attorney’s Office, the judiciary, Public Defender’s Office, Regional Conflict Counsel, Police
                                           Departments, the Clerk’s Office, Corrections and the Court Administrator’s Office – have all
  Naim R. Erched, Assistant Director       come together to discuss the barriers that exist which prevent the system from working as
            Police Services
   Miami-Dade Police Department
                                           efficiently and effectively as it should. One area that has been targeted is the court’s
            (305) 471-2625                 arraignment, motion and trial calendars. Cases are printing out on the court’s calendar,
     e-mail:              everyone is present in court expending resources, and the purpose for the hearing cannot be
                                           addressed due to information that is lacking.
           Frank Ledee, ASA                We see it frequently at arraignment hearings that the State requests be reset because we do
         State Attorney’s Office           not yet have the information we need to make filing decisions. It is seen when defense
            (305) 547-0853
                                           attorneys file motions to compel the State to turn over certain information to the defendant and
                                           we have not received the documents necessary to comply with our discovery obligations. And
                                           finally, we see it in trials being reset because the discovery information that has been
          Chief Fred Maas                  requested has not been provided. All of these categories of delay and the attendant wasted
        Sunny Isles Beach PD
                                           court appearances can be greatly reduced or eliminated altogether by a renewed effort to
           (305) 947-4440
 e-mail:          enforce this PFC requirement.
                                           Toward this end, a new type of notification in eNotify has been created and will be put into use
                                           in August, initially by the Felony Screening Unit. If an officer appears for PFC and does not
                                           bring his or her paperwork, a notice to this effect will be sent to that officer requesting that the
                                           documentation be sent to the State Attorney’s Office the next business day. The documents
                                           may be faxed, delivered via interoffice mail or emailed if the department’s technology will
                                           permit this. This request for police reports is NOT a request for an additional appearance by
                                           the officer. In support of this initiative, many of our police departments have indicated their
                                           intent to utilize a report in eNotify to help track compliance.
                                           The documentation being requested includes, but is not limited to, copies of offense-incident
                                           reports, supplemental police reports, property receipts, rights waiver forms, consent to search
 Members of the Crimes                     forms, search warrants and returns, vehicle inventory/impoundment forms, written statements
                                           of defendants, victims or witnesses, crime scene reports, lab reports, photographic line-ups,
Against Law Enforcement                    and any forged/false/fraudulent documents or instruments (front and back). Any paperwork
Officers Subcommittee are                  that is created in connection with the arrest should be included.
 listed on the back page                   Providing these documents in a timely fashion will ensure that all of the stakeholders in our
                                           criminal justice system will be operating in a more effective and efficient manner. We thank
                                           you in advance for your anticipated cooperation.

                          Next PPCC meeting, Wednesday, September 9th, 2009, 1:00 p.m.
                           State Attorney’s Office • 1350 NW 12 Avenue • Miami FL 33136
                                                 All are invited to attend
Page 2                                                         The Rap Sheet                                                      August 2009

                                                          Case Law
Young v. State, 34 Fla. Law Weekly D1352c (3d DCA, 7/1/09) This case settles in our circuit the question of whether resisting without
violence can be the underlying crime as the basis for a burglary charge. The court held that, as in this case, when a person fleeing from a
lawful attempted arrest enters a structure without permission in order to evade capture, this is a burglary.

Panter v. State, 34 Fla. Law Weekly D921a (1st DCA, 5/7/09) In this case an officer viewed, from 4 or 5 blocks away, what he suspected
was a hand-to-hand narcotics transaction. The officer was on a routine “neighborhood watch” patrol. The area was known as a high-
crime area where drugs were used. The officer saw a van pull into the driveway of a house in the mid-afternoon. He then saw a man exit
the house, approach the driver’s side of the van, reach into the vehicle and engage in a hand-to-hand exchange of some type. The
officer testified that there is “a certain way that they do hand-to-hand exchanges”, but didn’t elaborate on this. He did not see drugs, cash
or anything else pass between the man and the occupant of the van. The van pulled out of the driveway, drove away and the officer
followed and engaged the occupants of the van when it stopped several blocks away. A subsequent alert by a canine and a search of the
van revealed syringes and cocaine that the defendant admitted were his. The court held that the officer did not have a reasonable, well-
founded, particularized suspicion of criminal activity to justify an investigatory stop. The judgment was reversed and the defendant
ordered discharged.

But see the following case…

Wallace v. State, 34 Fla. Law Weekly D925b (5th DCA, 5/8/09) The facts here began at about 9:30 p.m. An undercover narcotics officer
was parked in a 7-Eleven parking lot, a “high drug traffic area”. He observed the defendant drive in and park away from the entrance to
the store, although there were spaces available in front. He appeared very nervous, looking around a lot, as if looking for someone.
Even after going into the store, he kept looking out into the parking lot. A few minutes later, another vehicle pulled into the lot very quickly
and stopped beside Wallace’s vehicle. Wallace came out of the store, walked to the vehicle, and opened the passenger door. The
vehicle’s driver handed something to Wallace and Wallace handed something to the driver. Wallace shut the door and the car sped off.
The officer saw the defendant put something in his pants pocket, get into his own vehicle and leave. The police officer observed this from
a distance of about 40 feet, but could not see what items were exchanged. Believing he had just witnessed a drug transaction, the officer
ordered the vehicle stopped. When Wallace exited his vehicle, police saw a small bag of cocaine in plain view. The trial court found that
there was sufficient reasonable suspicion to support the investigatory stop of the defendant’s vehicle.

The 5th DCA agreed, holding that there was, in fact, reasonable suspicion for the stop. It is apparent from the discussion that follows in
the case that the court placed great store in the experience, including narcotics experience, of the officer and in his ability to clearly
articulate the factual basis for his conclusion that he had observed a drug transaction. The officer in this case had 16 years experience,
including 6 years in narcotics. The officer in the Panter case had less than 2-years experience. The officer in this case testified in detail
about the observations he made, while possibly innocent enough facts taken individually, and the inferences he drew from his
observations that led him to his conclusions.

As you can see illustrated by these two decisions, the facts and circumstances in each case are critical to the legal determination about
the legality of a stop or a search. Just as important is an experienced officer’s ability to clearly state all of these facts and explain how the
facts led him or her to the decision to conduct a stop or search.

Ruiz-Alegria v. State, 34 Fla. Law Weekly D954a (2d DCA, 5/13/09) This case holds that a defendant cannot be convicted of both
resisting arrest without violence and resisting arrest with violence when the conduct occurs in a single criminal episode. In this case, the
defendant was stopped for a traffic violation and fled on foot. Back-up was requested and 3 additional officers arrived. They chased the
defendant and once apprehended, he physically resisted the arrest. The names of the 3 back-up officers were listed as alternative
victims in a count of resisting without (for the running) and resisting with (for the violence he offered when apprehended). The court
reversed the conviction on the resisting without charge saying that convictions for both violated double jeopardy.

All opinions of the Third District Court of Appeal (3d DCA) and the Supreme Court are binding in our Circuit. All other DCA
opinions are binding in this District only if there are no contrary opinions in the 3d DCA.
Page 3                                                  The Rap Sheet                                               August 2009

                                                   New Laws
                                              Effective July 1, 2009
Chapter 2009-216
deals with jurisdictional issues involving campus police. An amendment to section 23.1225 authorizes state university
police officers to enforce laws within a specified jurisdictional area as agreed upon in a voluntary cooperation written
agreement (mutual aid agreement) with another law enforcement agency. An amendment to 316.640 authorizes university
police officers to enforce all of the traffic laws of the state when the violations occur on or within 1,000 feet of university
facilities or property. They may also be enforced for violations occurring within the jurisdictional area specified in a mutual
aid agreement and when hot pursuit originates on or within 1,000 feet of such property or facilities or as agreed upon in
accordance with a mutual aid agreement. The power of university police to arrest is extended to offenses committed on or
within 1,000 feet of the property or facilities of the university and to the jurisdictional area agreed upon in a mutual aid
agreement. Arrests may be made off campus when hot pursuit originates in any of these specified areas.

Chapter 2009-200
changes certain provisions of the law enforcement officers and correctional officers rights act (section 112.532). Suspension
is now included in the range of possible sanctions covered by the act. Before any investigative interview of an officer who is
the subject of a complaint can be commenced, the subject officer must be provided with not only the complaint and all
witnesses statements but also all other existing subject officer statements, all other existing evidence, including but not
limited to incident reports, GPS locator information, and audio or video recordings relating to the incident under investigation.

The time limitation period within which an agency must notify an officer that it intends to proceed with a disciplinary action is
tolled during the time that the officer’s compliance hearing proceeding is continuing beginning with the filing of the notice of
violation and a request for hearing and ending with the written determination of the compliance review panel or upon the
violation being remedied by the agency.

The procedures to be followed when a subject officer believes that those conducting the inquiry are not acting in accordance
with the requirements of this section are expanded and specified in detail in section 112.534. A notice of violation must be
filed within 3 days and a compliance review hearing held within 10 days of that notice.

Chapter 2009-184
creates new statute section 794.052 which requires law enforcement officers who investigate alleged sexual batteries to
assist victims in obtaining medical treatment (if necessary), a forensic examination, and advocacy and crisis-intervention
services from a certified rape crisis center. The new section also requires officers to provide to victims notice of the legal
rights and remedies available to a victim on a standard form developed and distributed by the Florida Council Against Sexual
Violence in conjunction with FDLE.

Chapter 2009-198
creates section 893.055, the prescription drug monitoring program. Although the effective date of the law is July 1, it does
not provide for the establishment of an electronic database system to implement the monitoring until December 1, 2010. The
purpose of the law is to prevent controlled substance abuse, predominantly as it relates to pain management clinics, which
must register with the Department of Health as of January 4, 2010. In general, the law provides for the reporting of the
dispensing of certain controlled substances with specified exceptions. In subsection 893.055(9) failing to report the
dispensing of a controlled substance as required by the section is a first degree misdemeanor.
Page 4                                                              The Rap Sheet                                                  August 2009

All PPCC Sub-Committees, Chairs and members are listed below. Please contact any of the Co-Chairs or members if you have an issue to be addressed.

 CASE INTAKE SUBCOMMITTEE                                                      DOMESTIC CRIMES SUBCOMMITTEE
 CO-CHAIRS:                                                                    CO-CHAIRS:
   Marie Jo Toussaint, ASA, SAO (305) 547-0255;                                  Leah Klein, ASA, SAO (305) 547-0132;
        e-mail: Marie Jo                                        e-mail
   Bart Armstrong, Police Legal Advisor                                          Major Grace O'Donnell (M-DPD)
        Miami-Dade P.D. (305) 471-2550                                                 e-mail
        e-mail:                                            Committee Members:
 Committee Members:                                                              Carrie Soubal, SAO                              Sarah Poux, MBPD
   Sgt. George Arango, MDPD                  Sgt. Ray Santiago, UMPS             Sgt. Jed Burger, Domestic Crimes Unit, MBPD
   Det. Paul Manzella, SIBPD                    Lt. Efren Lopez, M-DPD
                                                                               RAP SHEET SUBCOMMITTEE
 COMMUNICATIONS SUBCOMMITTEE                                                     Kristi Bettendorf, ASA, SAO (305) 547-0220
 CO-CHAIRS:                                                                             e-mail:
   Major L. Buck, M-DPD (305) 375-5555;                                        Committee Members:
         e-mail:                                                  Ed Griffith, SAO
   Deisy Rodriguez, ASA, SAO (305) 324-2999
 Committee Members:                                                            ROLL CALL/RIDE-ALONG SUBCOMMITTEE
   Lt. Gladys Amato, MPD                    Major Michael Mills, SMPD          CO-CHAIRS:
   Capt. Betty J. Fuller, M-DCR         Major Kathy Katerman, NMBPD
   Regla Dominguez, MBPD                      Oliver Spicer, Jr., M-DPD        Committee Members:
   Ray Araujo, ASA, SAO                                                          Shana Belyeu, ASA, SAO
                                                                                 Audrey Frank-Aponte, ASA, SAO
                                                                                 Brenda Mezick, ASA, SAO
 CO-CHAIRS:                                                                    TRAINING SUBCOMMITTEE
   José Arrojo, ASA, SAO (305) 547-0309;                                       CO-CHAIRS:
         e-mail:                                         Lt. Adrian Cummings, M-DPD, Court Services (305) 989-9508;
   Chief Steven Steinberg, Aventura PD (305) 466-8996;                                 e-mail:
         e-mail:                                   Susan Dechovitz, ASA, SAO; 547-0309
   David Waksman, ASA, SAO (305) 547-0445;                                             e-mail:
         e-mail:                                       Tom Headley, ASA, SAO; 547- 547-0186
   Lt. Adrian Cummings, M-DPD (305) 989-9508;                                          e-mail:
         e-mail:                                             Sgt. Barry Mankes, M-DPD, Intracoastal District (305) 940-9980
   Committee Members:                                                          Committee Members:
   Lt. Lazaro Artime, Hialeah PD                   Abbe Rifkin, ASA, SAO         Capt. Ian Moffett, M-DSBPD                  Det. David Adlet, EPPD
   Lt. David Evans, M-DPD, Airport             Lt. Willie Hill, Pinecrest PD     Lt. Van Toth, Hialeah Gardens PD          Oliver Spicer, Jr., M-DPD
   Det. Robert Garland, M-DPD             Ofcr. Roger Ruano, Corrections         Sgt. Lynnise Jones-Curry, M-DPD    Ofcr. Chad Rosen, Surfside PD
   Lt. Efren Lopez, M-DPD, City of Doral       Det. Norma Dieppa, CGPD           Capt. Luis Bazo, M-DPD                   Shana Belyeu, ASA, SAO
   Susan Leah Dechovitz, ASA, SAO            Ofcr. Nelson Delgado, VGPD          David Waksman, ASA, SAO
   Audrey Frank-Aponte, ASA, SAO            Lt. Jerome Berrian Jr., MBPD
   Sgt. Danny Formosa, Coral Gables PD       Lt. Marshall Gilreath, M-DPD      OPERATIONS SUBCOMMITTEE
   Sgt. Carlos Arguelles, M-DPD, City of Doral                                 CO-CHAIRS:
   Captain Luis Bazo, M-DPD, Police Administrative Bureau                        Major Rita Banner, M-DPD, Property and Evidence Bureau,
                                                                                      (305) 471-2599,
 JUVENILE SUBCOMMITTEE                                                           Major Kathy Katerman, NMBPD, (305) 948-2929,
   Leon Botkin, ASA (305) 637-1300                                               Dreama Oliver, SAO, Administrator, Felony Operations,
        e-mail:                                               (305) 547-0307,
   Olanike Adebayo, M-DPD, Legal Unit
        e-mail:                                              Committee Members:
                                                                                 Bill Altfield, ASA, SAO                           Jay Pollen, MPD
 Committee Members:
   Capt. Ian Moffett, M-DSBPD                      Ellen Skidmore, SAO         LIAISON SUBCOMMITTEE
 PAWNSHOP SUBCOMMITTEE                                                           Kathleen Hoague, SAO, (305) 547-0522;
 CO-CHAIRS:                                                                           e-mail:
   Thomas Sadler, ASA, SAO (305) 547-0877;                                       Maria Diaz, SAO, (305) 547-0331;
        e-mail:                                             e-mail:
 Committee Members:                                                              Sgt. Manny Munoz, M-DPD, (305) 548-5775
   Det. Melissa DeJong, CGPD               Jonah Dickstein, ASA             
   Pat Kiel

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