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For the Law Enforcement Agencies of Miami-Dade County
Katherine Fernandez Rundle Miami-Dade State Attorney
IMPORTANT! Next ppcc meeting, Thursday, September 19, 2002 - 10:00 a.m.
State Attorney’s Office • 1350 NW 12 Avenue • Miami FL 33136 All are invited to attend
1 JULY, 2002
POLICE-PROSECUTOR COORDINATING COMMITTEE
Steering Committee:
Kristi Bettendorf, ASA, Chair State Attorney’s Office
(305) 547-0220 e-mail: [email protected]
Chief Patrick Kiel West Miami PD (305) 266-0530
e-mail: [email protected]
Chief Fred Maas Sunny Isles Beach PD
(305) 947-4440 e-mail:
Chief Steve Rothlein Miami-Dade Police Department
(305) 471-2619 e-mail: [email protected]
Major Jorge Manresa City of Miami PD (305) 579-6592
e-mail: [email protected]
Mary Cagle, ASA State Attorney’s Office
(305) 547-0668 e-mail: [email protected]
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There are a number of new or amended laws which become effective July 1, 2002. While we will discuss all of the relevant changes at our September PPCC meeting, below are a few of the laws with a July 1 effective date which may be of particular interest to law enforcement officers:
• Amendments to section 316.1932 (re: DUI) and 327.353 (re: BUI) eliminate a defendant’s right to refuse to take a breath, blood and urine test.
• Sections 316.1939 (re: DUI) and 327.353 (re: BUI) are created, making the second refusal a first degree misdemeanor.
• Section 90.959 is created, amending the evidence code (together with amendments to sec. 322.30 and 320.05) and stating that the exclusionary rule does not apply in a case where a law enforcement officer effects an arrest based on objectively reasonable reliance on information obtained from DHSMV or the Division of Drivers’ Licenses.
• Section 782.07 is amended making the death of an officer, firefighter, EMT, or paramedic killed while performing their duties, caused by the culpable negligence of the defendant, aggravated manslaughter.
• Section 901.05 is amended authorizing a law enforcement officer to arrest a person without a warrant when there is probable cause to believe that the person has committed an assault upon a law enforcement officer, a firefighter, an EMT, and other specified persons.
• Amendments to section 947.141 and 947.22 authorize arrest without a warrant of an offender on release supervision who has violated the terms and conditions of their release by committing a felony offense, or a parolee who has violated the terms and conditions of parole.
• Section 810.0975 creates a “School Safety Zone”. It is a second degree misdemeanor to trespass or loiter in an area in, on or within 500 feet of an elementary, middle, or high school building from a time spanning one hour before the school opens through one hour after the school day ends.
Page 2 The Rap Sheet July, 2002
The Rap Sheet is posted on the State Attorney’s OffThe Rap Sheet’s e-mail address is:
Errors on arrest affidavits can result in the loss of criminal cases, the release of defendants, and the application of incorrect bond amounts. The following are possible problem areas and suggestions for avoiding them.
UNSIGNED/UNSWORN A-FORMS
When an arrest affidavit is not signed and sworn to, the first appearance judge has no authority to hold a defendant in custody or set conditions of bail. Florida Rule of Criminal Procedure 3.120 provides that committing magistrates may commit an offender to jail or order the defendant to appear before the proper court when a complaint “…is made in writing and sworn to before a person authorized to administer oaths…”. If an arrest affidavit is not signed and sworn to, the judge will find that there is no probable cause to hold the defendant and will order his or her release without any bond or release restrictions. Sometimes the presiding judge will give us until the next bonding hearing – very short notice – to secure the arresting officer’s presence in court to swear to the A-form; if the officer does not appear, the defendant will be released. The solution for this problem is clear – make sure that an A-form does not leave your possession without having been signed and sworn to.
INSUFFICIENT PROBABLE CAUSE IN NARRATIVE
The narrative portion of an arrest affidavit should set forth all elements of the crimes charged. Where critical elements are not included – value on a grand theft case, the weight of narcotics on a trafficking case, the date of birth of a minor victim – no probable cause can be found for the charged crimes. Occasionally, the judge will
agree to a State request to reset the first appearance hearing, giving us an opportunity to secure the presence of the arresting officer so that sworn testimony can be given in court to supplement the affidavit. Sometimes the judge will not reset the hearing, and will simply set a bond on a reduced charge (eg., petit theft, where an amount for grand theft is not included). It is also very important that the narrative section be legible. If all of the elements are included but the hand writing cannot be read, the end result will be the same – probable cause will not be found for the charged offense. Florida Rule of Criminal Procedure 3.133(a)(4) states that “[t]he magistrate shall order the release of the defendant after it is determined that the defendant is entitled to release and after the state has a reasonable period of time, not to exceed 24 hours, in which to establish probable cause.” It goes on to specify that such a release must entail no restraints on the liberty of the defendant.
DEFENDANT’S IDENTIFYING INFORMATION
In this day and age when identity theft is common, it is more important than ever that you identify each defendant as accurately as possible on your arrest affidavit. Verify not only the defendant’s name, but the spelling of the name. When there is only one letter difference in the spelling of a defendant’s name from what his criminal history record reflects, an “alias” will be created for the defendant, making keeping track of his criminal history that much more difficult. In all situations where possible, try to confirm identifying data with some form of ID. Always verify that the written identification is accurate before recording it on your A-form.
Continued on page 3
AVOID A-FORM ERRORS
ice web site: http://www.state.fl.us/sa11/ rapsheet @sa11.state.fl.us
Page 3 The Rap Sheet July, 2002
Continued from page 2
WRONG CHARGE DESCRIPTION OR SUBSECTION
There are many different types of burglary, ranging from a third degree felony (burglary of a conveyance or business) to armed burglary or burglary with an assault (both non-bondable offenses). It is very important that the proper description be listed under “charges”. In other circumstances, missing statute subsections can be critical. Section 322.34 is a good example of this; DWLS charges under this section range from a non-criminal infraction [subsection (1)], to a third degree felony [subsection (5)]. While it may certainly be possible to correct these errors at some point down the road in the prosecution process, the charge that will be entered into the system at booking and the type of bond the defendant will be required to pay (or not) may be determined before a first appearance hearing is even conducted. These booking errors can be avoided by being as precise as possible when specifying the charge and the corresponding statute section and subsection.
VICTIM NOTIFICATION INFORMATION
In certain cases, Florida statute 960.001 requires law enforcement agencies to complete a victim notification card, a copy of which is to be submitted with your arrest paperwork. The jail is then required, by the same statute, to notify victims, using the information that you have provided, when certain things occur, such as the defendant’s release on bail. In most situations, you will be providing the victim contact information on the back of the pink copy of the A-form. Your failure to provide this information will prevent the jail from being able to make their required notifications, which may result in an increased liability for both agencies. In addition, the information that you provide to the jail is what the State Attorney’s Office uses to contact victims when notifying them of prefile conferences or other critical meetings that occur early in the process. Accurate and complete information is critical so that the State Attorney’s Office may establish and maintain contact with victims and critical witnesses.
PROMISES TO APPEAR
Procedures have recently been instituted providing for the placing of the thumbprint of the defendant on an arrest affidavit when the defendant has been permitted to sign a promise to appear. At the May meeting of the Police-Prosecutor Coordinating Committee, it was suggested that an article be published regarding when a promise to appear in lieu of an arrest is appropriate. Florida Rule of Criminal Procedure 3.125 deals with “Notices to Appear”. It states that notices to appear may be issued by arresting officers when the offense involved is a first or second degree misdemeanor or a municipal or county ordinance violation. The rule goes on to state that notices to appear may not be issued when
• The defendant fails or refuses to sufficiently identify himself,
• The defendant refuses to sign the notice to appear,
• The officer has reason to believe that the continued liberty of the defendant poses a risk of bodily harm to the defendant or to others (e.g., domestic cases),
• The defendant has no ties to the jurisdiction (e.g., lives outside of the county, state or country),
• There is substantial risk that the defendant will refuse to respond to the notice,
• The officer has any suspicion that the defendant may be wanted in any jurisdiction,
• The defendant has previously failed to respond to a notice or summons, or
• The defendant has violated the conditions of any pretrial release program.
There are also certain charges which, for one reason or another, cannot be handled by a notice to appear. Persons arrested for DUI (316.193) cannot be released from custody until certain requirements are met (dealing with sobriety) so that the practical effect of meeting these requirements prevents an officer from issuing a notice to appear. Florida statute 741.29(6) states that an individual who has violated a condition of pretrial release provided in s. 903.047, when the original arrest was for an act of domestic violence, shall be held in custody until his first appearance; this precludes release on a notice to appear.
Page 4 The Rap Sheet July, 2002
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 CO-CHAIRS:
Det. Mike Crowley, M-DPD (305) 270-3842 Johni Hardiman, ASA, SAO (305) 547-0255;
e-mail: [email protected] Committee Members:
Marie Lacroix, ASA, SAO Sandy Roberts, SAO Sgt. Laura Diaz, M-DPD Det. Andrew Delgado, M-DPD Det. Paul Manzella, SIBPD Sgt. Efren Lopez, M-DPD
COMMUNICATIONS SUBCOMMITTEE CO-CHAIRS:
Steve Talpins, ASA, SAO (305) 324-2999; e-mail: [email protected]
Major Grace O’Donnell, M-DPD (305) 375-5555; e-mail: [email protected]
Bill Howell, ASA, SAO (305) 547-0438; e-mail: [email protected]
Committee Members: Lt. Steve Rossbach, MPD Chief Michael Mills, SMPD Denise Moon, SAO Lt. Kathy Katerman, NMBPD Manny Segarra, ASA, SAO Patricia Lieber, ASA, SAO Gloria Paskiewicz, MBPD Capt. Jerry Freeman, HPD Sgt. Laura Diaz, M-DPD Lt. John Roberts, FHP Lt. Harry Pickering, CGPD Trpr. Peter Gonzalez, FHP Melinda Breidenbach, SAO Sgt. William Craig, SIBPD Johni Hardiman, ASA, SAO Sandy Roberts, SAO Ray Araujo, ASA, SAO, County Court
CRIMES AGAINST LEOs SUBCOMMITTEE CO-CHAIRS:
Capt. David Rivero, MPD (305) 579-6450; e-mail: [email protected]
David Waksman, ASA, SAO (305) 547-0306; e-mail: [email protected]
Committee Members: Chief Chuck Reynolds, SAO Lt. Ralph Gracia, Hialeah PD Denise Moon, SAO Det. Robert Garland, M-DPD Abbe Rifkin, ASA, SAO Lt. Willie Hill, Pinecrest PD Mike Grieco, ASA, SAO Lt. Alan Apfel, Hialeah PD Chief Pat Kiel, West Miami PD Jonathan Davidoff, ASA, SAO Audrey Frank-Aponte, ASA, SAO Lt. Luis Bazo, M-DPD, Northside Susan Leah Dechovitz, ASA, SAO Sgt. Marshall Gilreath, M-DPD George Cholakis, ASA, SAO Det. Ray Hoadley, M-DPD Shana Seitchik, ASA, SAO Det. Norma Dieppa, CGPD Lt. David Evans, M-DPD, Cutler Ridge Sgt. Efren Lopez, M-DPD, Hammocks Lt. Brian Ackerman, M-DPD, Northside Ofcr. Carlos Arguelles, M-DPD, Hammocks
JUVENILE SUBCOMMITTEE CO-CHAIRS:
Lt. Howard Ostlund, JAC (305) 755-6130 e-mail: [email protected]
Audrey Frank-Aponte, ASA (305) 637-1382 e-mail: [email protected]
Committee Members: Sgt. Ian Moffett, M-DSBPD Patricia Lieber, ASA, SAO Capt. Michael Mouring, M-DPD Ellen Skidmore, SAO Sgt. Rick Gullage, MBPD
ADMINISTRATIVE CASE REVIEW SUBCOMMITTEE CO-CHAIRS:
Capt. Michael Mouring, M-DPD (305) 375-5086 e-mail: [email protected]
Kristi Bettendorf, ASA, SAO (305) 547-0220 e-mail: [email protected]
Committee Members: Sgt. Cecile Guerra, M-DPD Lt. Steve Rossbach, MPD Lt. Kevin Lystad, Miami Shores PD Lt. Cathy Tighe, MBPD
DOMESTIC CRIMES SUBCOMMITTEE CO-CHAIRS:
Esther Jacobo-Rubio, ASA, SAO (305) 547-0132; e-mail: [email protected]
Maj. Harriet Janosky, M-DPD Committee Members:
Asst. Chief Anthony Mazzara, BHIPD Carrie Soubal, SAO Sgt. Eugenio Rodriguez, MBPD Cristina Escobar, ASA, SAO Lt. Alan Apfel, Hialeah PD Denise Moon, SAO Sarah Poux, MBPD Judith Rubenstein, M-DPD Legal
RAP SHEET SUBCOMMITTEE CO-CHAIRS:
Lt. Brian Ackerman, M-DPD, Northside (305) 835-4072; e-mail: [email protected]
Capt. David Rivero, MPD (305) 579-6450; e-mail: [email protected]
Kristi Bettendorf, ASA, SAO (305) 547-0220 e-mail: [email protected]
Committee Members: Abbe Rifkin, ASA, SAO Sandy Roberts, SAO Betty Tarre, SAO Ed Griffith, SAO
ROLL CALL/RIDE-ALONG SUBCOMMITTEE CO-CHAIRS:
Chief Patrick Kiel, West Miami PD (305) 266-0530; e-mail: [email protected]
Marc Anton, ASA, SAO (305) 547-0350; e-mail: [email protected]
Committee Members: Lt. David Evans, M-DPD, Cutler Ridge Lt. Brian Ackerman, M-DPD, Northside Shana Seitchik, ASA, SAO Chief Chuck Reynolds, SAO
TRAINING SUBCOMMITTEE CO-CHAIRS:
Lt. Ricardo Gomez, M-DPD, Court Services (305) 547-5088; e-mail: [email protected]
Samantha Ruiz-Cohen, ASA, SAO (305) 547-0493; e-mail: [email protected]
Committee Members: Kara Preissel, ASA, SAO Det. David Adlet, EPPD Dan Bernstein, ASA, SAO Sgt. Michael Gilreath, M-DPD Lynnise Jones-Curry, M-DPD Lt. Andy Soto, MBPD Lt. Luis Bazo, M-DPD Det. Jorge Ceballos, M-DPD Johni Hardiman, ASA, SAO David Waksman, ASA, SAO Shana Seitchik, ASA, SAO Martha Diaz Perez, MBPD Michael Von Zamft, ASA, SAO Lt. Jose Ernand, Pinecrest PD Jay Novick, ASA, SAO Ofcr. Chad Rosen, Surfside PD Sgt. Ian Moffett, M-DSBPD Lt. Van Toth, Hialeah Gardens PD
OPERATIONS SUBCOMMITTEE CO-CHAIRS:
Melinda Breidenbach, SAO (305) 547-0418; e-mail: [email protected]
Chief Robert Holden, M-DPD (305) 471-3165 [email protected]
Committee Members: Lt. Albert Vila, MPD Johni Hardiman, ASA, SAO Sgt. Gladys Amato, MPD
