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Criminal law Section Chairs : JustinPetredis – TheLawOfficesofJustinPetredis & AmyCasanova-Ward – FloridaDepartmentofFinancialServices-OfficeoftheGeneralCounsel
on September 25 , 2024 , the Fourth district Court of Appeal ruled in the case of Antonio Craig v . State of Florida . 1 The facts of the case are that appellant Craig , and his codefendant , were charged with first-degree murder for the death of one person who was a passenger of a red dodge Charger and the attempted first-degree murder of the other vehicle passenger , in a gun sale that went wrong .
A witness , ( who was the driver ), “ drove the two passengers to the residential street in the driver ’ s red dodge Charger .” Id . “ The driver exited the car to facilitate the transaction while the passengers remained in the car .” Id . “ Either appellant or the codefendant
approached the driver to examine the firearm , while the other man , who was wearing a bandana covering his face , pointed a gun at the vehicle and began shooting .” thecourtexplainsthat
Id . “ The first passenger was shot theinevitablediscovery and killed inside doctrineexception the car .” Id . “ The second passenger
“ allowsevidence
was shot and then obtainedastheresultof ran away .” Id . unconstitutionalpolice
“ The driver got in his car , drove procedure ” to “ stillbe up the road , and admissibleprovided called 911 .” Id . Police arrived thattheevidence on scene in wouldultimatelyhave response to the 911 call , and beendiscovered learned during bylegalmeans .” their investigation , through the driver , that he had in his car the phone belonging to the first passenger that was used to
coordinate the sale of the gun with the suspects . Based on this information , law enforcement “ searched the first passenger ’ s phone and determined that there were numerous incoming and outgoing calls to a specific phone number on the first passenger ’ s phone just prior to the incident .” See id . “ The Broward Sheriff ’ s office ( BSo ) conducted a records check of the phone number and identified
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