Florida/Georgia Personal Injury & Workers Compensation

...use of prosecutorial discretion and violations of due process and equal protection." In affirming, we stated: It is important to note that appellants do not rely upon the defense of entrapment. Whether or not agent Weaver's conduct is protected by F.S. 893.09(5) we need not determine....

...As the Sheriff of Baker County, NEWMANS was required by state law to enforce the laws of the State of Florida, *575 including all provisions of the Comprehensive Drug Abuse Prevention and Control Act, Florida Statutes Chapter 893. Florida Statutes Section 893.09 required NEWMANS, as duly elected Sheriff of Baker County, to enforce all provisions of Florida Statutes Chapter 893, including the provision making it unlawful to sell, purchase, manufacture, or deliver, or possess with intent to sell, purchase, manufacture, or deliver, a controlled substance....

...He was trying to keep Harrell from communicating what he knew about appellant's participation in the underlying marijuana conspiracy to law enforcement. Appellant admitted that he came to a mutual understanding with others to try to obstruct the federal grand jury investigation of illegal drug activities in Baker County. Section 893.09(1), Florida Statutes (1991), a provision in the Florida Comprehensive Drug Abuse Prevention and Control Act which was referred to in Count V of the federal indictment, provides: (1) The Department of Law Enforcement, all state agencies...

...The court also referred to the fact that the marijuana used by the Tampa police had previously been the subject of a federal magistrate's order to destroy it. We are not aware of the need for specific statutory authority for the police to engage in "reverse-sting" deliveries of controlled substances. Section 893.09(5), Florida Statutes (1981), relieves law enforcement officers from civil or criminal liability as a result of lawful engagement in the enforcement of the laws relating to controlled substances....

...By their motion to dismiss the defendants urged unconscionable misconduct, abuse of prosecutorial discretion and violations of due process and equal protection. It is important to note that appellants do not rely upon the defense of entrapment. Whether or not agent Weaver’s conduct is protected by F.S. 893.09(5) we need not determine....

...893.03 and then sell to such person any other substance in lieu of such controlled substance.” See State v. Bussey, 463 So.2d 1141 (Fla.1985). Section 817.563 was not effective at the time Manucy was decided. Ch. 81-53, § 1, at 116, Laws of Fla. . While this section (formerly numbered 893.13(4)(b)5) and section 893.09(5) (immunizing officers enforcing Chapter 893 from prosecution for crimes defined in the chapter) were in effect at the time of Manucy , neither was addressed by the Manucy court.

...Stat (detailing when a warrantless arrest by a law enforcement officer is lawful, but not mentioning an out-of- jurisdiction arrest as being unlawful); § 901.25(2), Fla. Stat. (authorizing arrests “outside the officer’s jurisdiction when” pursuing someone he suspects to have committed a felony); cf. § 893.09(1), Fla....