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Florida Supreme Court Allows DeSantis to Undermine Prosecutorial Independence
Lawmakers and other officials in multiple states seek to limit the power of or remove elected prosecutors whose policy choices they disagree with.
States in ‘Lockstep’ with the Fourth Amendment May Not Be Locked
Some states have handcuffed their citizens’ constitutional search and seizure protections to the federal standard — but they still hold the keys to going their own way.
State v. McQueen
Ruled that an arrestee had a reasonable expectation of privacy in phone call made from police station, and warrantless seizure of the recording was unconstitutional
Mayor & City Council of Ocean City v. Commissioners of Worcester County
Ruled tax set off statutes permitting counties to deny municipal tax setoff requests do not impermissibly regulate local affairs in violation of home rule amendment
Leidig v. State
Ruled admission of forensic test report without giving the defendant an opportunity to cross-exam the author violated confrontation clause
Buford v. State
Ruled that defendant's consent to the search of his person included the search of a specific container on his person, and so no additional consent was required
State v. Amstutz
Ruled that arrest violated search and seizure clause because information available to other officers that would have created probable cause could not be imputed to arresting officer
State v. Carter
Ruled that stop based on officer's mistaken interpretation of license plate concealment statute violated state constitution's search and seizure clause even though it would not have violated federal Fourth Amendment
Sheffield v. Detroit City Clerk
Held that a governor stopping city charter revisions from being submitted to voters would conflict with constitutional clauses vesting cities with control over their charters
People v. Washington
Ruled that trial court lacked jurisdiction when it resentenced defendant pursuant to intermediate appellate court's order while defendant's appeal was pending in state supreme court
