Fl Conlaw (2013)

Front 1

PRELIMINARY CONSIDERATIONS/ISSUES

Back 1

1. Issue
2. Constitutional Language
3. Interpretation of Constitutional Language: Case Law or Statute
4. Arguments/Analysis
5. Conclusion

Front 2

Declaration of Rights

Back 2

A. Florida’s counterpart to the Bill of Rights---limitation on state’s powers B. Equal Protection C. Freedom of Religion, Speech and Assembly D. Organized Labor—right to work and collective bargaining
E. Right to Bear Arms F. Pretrial Release and Detention G. Prosecution for Crime—formal charges or indictment H. Right of Privacy-stronger right than federal protection I. Access to Public Records and Meetings J. Access to Courts—without sale denial or delay K. Search and Seizure- federal standard L. Due Process—procedural and substantive

Front 3

VALIDITY OF STATUTES

Back 3

1. Does the statute bear a reasonable relationship to the health, safety, welfare, or morals of the people?
2. Does the statute invade protected zones of privacy? 3. Is the statute vague or overbroad?
4. Does the statute effect an establishment of religion? 5. Does the statute abridge freedom of speech, press, or association?
6. Does the statute abridge the right to work?
7. Does the statute deny access to courts?
8. Does the statute deny substantive or procedural due process of law?
9. Does the statute deny equal protection?
10. Does the statute impair the obligation of contracts? 11. Does the statute violate the separation of powers doctrine?
12. Is the statute a prohibited special law, or is it a permitted special law enacted without the proper notice and/or referendum?
13. Was the statute properly enacted in a special session of the legislature?

Front 4

Homestead
A. Defined:

Back 4

In Florida, a natural person, who owns residential property, may establish that property as homestead property thereby protecting it from levy by creditors. The extent of the property protected is up to one-half acre within a municipality or 160 acres outside a municipality. Personal property of up to $1000 is also protected.

Front 5

Homestead-Creditors forcing the sale of

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Creditors cannot force the sale of homestead property; however, homestead property may be sold to satisfy:
i. Taxes and assessments against the property;
ii. Validly executed mortgages on the property;
iii. Construction liens for labor, improvements, or repair of real property.

Front 6

Homestead-Abandonment

Back 6

Abandonment—homestead protection forfeited.

Front 7

Proceeds from the sale of homestead

Back 7

considered to retain homestead exemption status, provided owner has a good, faith intent to reinvest the proceeds in another homestead within a reasonable time.

Front 8

Devise/conveyance of homestead

Back 8

Restraint on devise and conveyance of solely owned homestead property.

Front 9

Finance

Back 9

Florida must balance its budget. It may not borrow funds for the purpose of maintaining ordinary operating expenses, but may generally borrow for capital improvements, such as buildings, bridges, roads, or airports. The state may borrow money for a public purpose by using either revenue or general obligation bonds.

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Revenue Bonds

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designate and limit the source of funds from which repayment is made. These revenue funds are generally the rents, fees, tolls, or interest generated from the project for which the bond was issued. For repayment, bondholders may not look to funds raised from general taxation or other nondesignated sources.

Front 11

General Obligation Bonds:

Back 11

pledge the full faith and credit of the issuer to use the general taxing power to raise funds to repay the loan. State and local governments may issue general obligation bonds payable from ad valorem taxes that mature more than 12 months after issuance only with the approval of the electors, except for bonds financing pollution control, property acquisition for state roads, construction of state bridges, and certain other water projects, school construction, and local road acquisition and construction.

Front 12

Validation

Back 12

After bonds have been approved by governmental bodies, the circuit court reviews the issuance of the bonds to ensure compliance with local, state and constitutional requirements.

Front 13

4th Amendment headings

Back 13

1. 4th Amendment: Search/Seizure of (fill in blank)
a. Government Conduct
b. Reasonable Expectation of Privacy (REP)
2. Warrant Requirement
a. Mention good faith exception
b. (Fill in the blank) Exception (subhead-note)
(PICK a minimum of 2 EXCEPTIONS and IRAC each individually)
i. Exclusionary Rule
ii. Fruits of The Poisonous Tree
iii. Search Incident to Lawful Arrest
iv. Hot Pursuit
v. Evanescent Evidence
vi. Consent
vii. Search Incident to Incarceration/ Booking Search
viii. Stop and Frisk (subhead-note if an issue)
ix. Plain View (subhead-note if an issue)
x. Exigent Circumstances (subhead-note if an issue)
xi. Automobile exception (subhead-note if an issue)
Inventory/Impound Search (subhead-note if an issue)
xii. Police Checkpoint (subhead-note if an issue)
xxi. Exclusionary Rule (head note if an issue)
xxii. Fruits of The Poisonous Tree (head note if an issue)
3. Conclude (head note)

Front 14

4th Amendment: Search/Seizure of (fill in blank)

Back 14

4th amendment protects citizens against unreasonable searches and seizures. The 4th amendment is applicable to the states via the 14th amendment. The Florida Constitution states that its protections should be construed in conformity with the Fourth Amendment to the U.S. Constitution, as interpreted by the U.S. Supreme Court. In order for Defendant to assert a 4th amendment challenge he must show both government conduct and a reasonable expectation of privacy.

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Government Conduct

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In order to establish government conduct, defendant must show that the police/government were involved in the search or seizure. Not if there is government conduct.

Front 16

Reasonable Expectation of Privacy (REP)

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In order to establish a REP the defendant must show that he had at least an ownership or possessory interest in the place searched or items seized. Analyze the facts in the fact pattern.
Because defendant can show both government conduct and REP, he has standing to assert a 4th amendment challenge to the police’s search of his apartment. (Note- no need to move onto the Warrant Requirement issue if it is 100% certain there is no REP or government conduct. Ex: Border searches.)
(Route 1- If YES, police had a warrant in the fact pattern then continue by following the below format)

Front 17

Warrant Requirement

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A valid warrant requires that it be issued based on probable cause stated with specificity and particularity and issued by neutral and detached magistrate. (Next, analyze each element of a warrant. Make sure to conclude- Yes warrant valid or No likely not valid)
Mention good faith exception (subhead-note) (Always raise good faith if the police used a warrant)
(Fill in the blank) Exception (subhead-note) Next- If you feel that warrant is INVALID – (i.e. lacked PC or wasn’t with enough specificity)
 Pick at least 1 more exception to the warrant requirement. Head note it and IRAC. (ex: SILA, auto exception, inventory exception, hot pursuit)

Front 18

Exclusionary Rule (head note if an issue)

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Evidence obtained in violation of the 4th amendment is inadmissible

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Fruits of The Poisonous Tree (head note if an issue)

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(Raise this issue if the facts give rise to it.) Generally, not only must illegally obtained
evidence be excluded, but also all evidence obtained or derived from the exploitation of that evidence. The courts deem such evidence the tainted fruit of the poisonous tree.

Front 20

Conclude (head note)

Back 20

(Conclude by being responsive to the call. Ex: “Yes, the court was correct in admitting
the evidence” or “No, the correct incorrectly ruled to admit the evidence.”)
(Route 2- If NO, police did NOT use a warrant in the fact pattern continue by following the below format)

Front 21

Warrant Requirement

Back 21

In order for a search and seizure to be valid, the government must have acted pursuant to a valid warrant. If the warrant is not valid then all the evidence will be deem inadmissible unless an exception to warrant applies. Here, the government did not use a warrant when they...(fill in blank). Therefore all evidence is inadmissible unless an exception applies.

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Exceptions definitions

Back 22

See h/o

Front 23

5th Amendment- Confessions

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The 5th amendment prohibits compelled self-incrimination. Once a person is in custody, he must be read his Miranda rights prior to any interrogation. If a defendant is entitled to Miranda warnings and none were given then his/her subsequent confession will be inadmissible.
Custody (subhead-note)
Interrogation (subhead-note)
Here....( insert analysis and conclude).
Tip: If you raise 5th amendment confessions issue, then you should also consider 14th amendment:

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Custody

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One is in custody if he does not reasonably feel free to leave.

Front 25

Interrogation

Back 25

Interrogation is defined as any words or conduct likely to elicit an incriminating response.

Front 26

14th Amendment

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For a self-incriminating statement to be admissible under the Due Process Clause, it must
be voluntary, as determined by the totality of the circumstances. A statement will be involuntary only if there is some official compulsion.
Here, ... (insert analysis and conclude).