Good Doggie: Supreme Court Overturns Florida Supremes On Drug Sniffing Dogs
February 20, 2013
A Florida Supreme Court ruling that drug sniffing dogs need to have an “exhaustive set of records” to prove they’re reliable before their evidence can be used just doesn’t pass the smell test, the U.S. Supreme Court ruled Tuesday.
Instead, the nation’s high court said the Florida Supreme Court’s requirement for Liberty County drug canine Aldo “flouted” an established standard for taking a whole lot of things into consideration when determining whether an officer should be able to search a vehicle.
Justice Elena Kagan, writing for a unanimous U.S. Supreme Court said the nation’s high court has long used a “flexible, all-things-considered approach” on the question of probable cause, not rigid rules like how many times a drug dog has alerted on a scent in the past and been proven right.
“To assess the reliability of a drug-detection dog the (Florida Supreme Court) created a strict evidentiary checklist, whose every item the state must tick off,” Kagan wrote. The state Supreme Court would have police and prosecutors introduce comprehensive documentation of “hits and misses” in the field, she wrote, noting in an aside: “One wonders how the court would apply its test to a rookie dog.”
The case arose when Clayton Harris was pulled over in Blountstown for an expired tag and Aldo alerted on the door handle. Officer William Wheetley also observed Harris was nervous and shaking and had an open beer in the truck. But Wheetley said his principal reason for determining that he had probable cause to search the truck was Aldo’s alert.
He didn’t find methamphetamine, or any other drugs Aldo was trained to sniff out. But he did find all of the ingredients for making meth – and Harris later admitted that he cooked the drug at his house. The officer – and the U.S. Supreme Court agreed – said the dog likely alerted on the smell of methamphetamine from Harris himself, transferred to the door handle.
The Florida Supreme Court had ruled that without being able to show more clearly that the dog could have been right, the state couldn’t make its case, because the officer didn’t have cause to search the truck.
The U.S. Supreme Court opinion noted that Harris’ lawyers didn’t challenge any aspect of Aldo’s training at trial or in an evidentiary hearing, which would have been the way to get the search thrown out.
Florida Attorney General Pam Bondi praised the U.S. Supreme Court’s ruling, saying it would make it easier for police to do their jobs.
“This victory is paramount to preserving our law enforcement officers’ ability to use police dog alerts to locate illegal drugs and arrest those who possess them,” Bondi said in a statement. “The Supreme Court correctly held that a police dog’s reliability is determined through a common-sense evaluation of the relevant circumstances, rather than through a rigid set of judge-created requirements.”
While telling Aldo “good boy,” the U.S. Supreme Court didn’t rule Tuesday on a separate drug sniffing case from Florida that was argued before the nation’s high court on the same day. In that case, Florida v. Jardines, the Florida Supreme Court ruled that Miami-Dade drug dog Franky made an unreasonable search of a suspected grow house and threw out the conviction.
By The News Service of Florida
Century Resident Celebrates 101st Birthday
February 20, 2013
Della Godwin of Century celebrated her 101st birthday on Tuesday with a party attended by family and friends at the Century Care Center.
Godwin was born in Jay back in 1912, one of 12 children born to her parents Annie and William Griffis. She has two younger surviving siblings - Jean Clark and Veda Welch. Godwin is the oldest resident at the Century Care Center.
Pictured top: Della Godwin (seated, center) of Century celebrated her 101st birthday on Tuesday with family and friends. Pictured below: Godwin celebrates at her party. Submitted photos for NorthEscambia.com, click to enlarge
Softball: Pine Forest Downed By Milton
February 20, 2013
The Pine Forest softball team couldn’t get its bats going Tuesday night in Milton as Panthers pitcher Hannah Brake fired a 12-strikeout, no-hitter in an 8-0 victory.
Brake allowed just two baserunners on a walk and an error. Down 2-0, Pine Forest (2-3, 1-1 in District 1-6A) did threaten in the fourth inning as Aleecia Ybarra led off by reaching on an error, then stole second. But Brake stranded Ybarra at second by striking out the next two batters and inducing a groundout to end the inning.
Pine Forest hasn’t scored in its past 11 innings since a first-inning run at Jay on Saturday in an 11-1 loss.
Sophomore pitcher Brooke Lauter gave up seven hits and seven walks but only three earned runs to take the loss.
The Eagles’ junior varsity suffered its second straight loss, 4-3, to the Panthers. Milton rallied from a 3-1 deficit in its final at-bat.
Pine Forest returns to action at 6:30 p.m. Wednesday night against visiting Gulf Breeze, followed by a District 1-6A home game against Navarre at 6:30 p.m. Friday.
Flomaton Lady Canes Out Of 2A Title Hunt
February 20, 2013
The Flomaton Lady Hurricanes were defeated 70-36 Tuesday night in the 2A South girls regional at Dothan Civic Center.
Providence Christian (26-3) controlled the game from the beginning, running 14-0 to begin the second half, over Flomaton (24-3).
The game was delayed about 10 minutes in the fourth after the Lady Canes’ Dezeray Wesley dove for pass and laded face-first in the stands. She was place on a backboard and transported by ambulance to a Dothan hospital for evaluation. Further details on her condition were not available Tuesday night.
Flomaton was led by Hannah Fillmore with 18 points, while Wesley contributed 11 before her injury.
Providence Christian will play Elba Friday for the Regional 2A crown.
Pictured: The Flomaton Lady Hurricanes. Submitted file photo for NorthEscambia.com, click to enlarge.
Bill Would Allow Counties To Fund School Security
February 20, 2013
Voters could decide to levy a special property tax to pay for public school security under a measure filed Tuesday in the Florida House.
The measure, HB 873, would allow a county commission to establish a special taxing district to pay for school security and mental health services. Taxes of up to 0.5 mils or 50 cents for each $1,000 of assessed property value, could be levied only if voters in the county approve the tax increase in a referendum.
Sponsored by Rep. Jim Waldman, D-Coconut Creek, the bill mirrors a Senate proposal (SB 514) filed earlier this month by Sen. Eleanor Sobel, D-Hollywood.
The measures come as lawmakers debate whether heightened security is needed at Florida’s public schools and who pays for it in the wake of the tragic shooting deaths at Sandy Hook Elementary School in Newtown, Conn., that took the lives of 20 students.
Alabama AG Files Suit Against Poarch Creeks To Shut Down Casinos (With Poarch Response)
February 19, 2013
Attorney General Luther Strange today announced that he has filed a lawsuit to stop the operation of slot machines at casinos owned by the Poarch Band of Creek Indians.
The lawsuit was filed Tuesday morning in the Circuit Court of Elmore County against PCI Gaming Authority and the individual members of the Poarch Band’s Tribal Council and Gaming Authority in their official capacity. Although state police officers cannot enforce state law on Indian lands by executing a warrant to seize unlawful devices, the lawsuit contends that the Poarch Band still has an obligation to comply with state laws that prohibit slot-machine gambling. The lawsuit alleges that the Poarch Band is “operating, advancing, and profiting from unlawful gambling activity at the Creek Casino in Wetumpka, the Wind Creek Casino in Atmore, and the Creek Casino in Montgomery in violation of Article IV, Section 65 of the Alabama Constitution (1901) and Ala. Code § 13A-12-20 et seq.” The lawsuit further alleges that the “continued operation of unlawful gambling devices by Defendants is a public nuisance” that should be enjoined by the court.
Attorney General Strange said that he decided to file the lawsuit after his other efforts to stop the Poarch Tribe’s gambling activities failed and because state officers cannot seize gambling devices on Indian land. “Unlawful gambling is a statewide problem, and I have worked with local authorities to enforce Alabama law consistently and fairly throughout the state,” Strange said. “I have sent two letters to the National Indian Gaming Commission, asking them to stop the Poarch Band’s unlawful gambling, but the Commission has refused to do anything about it. The Commission’s inaction has left me with no choice but to file this lawsuit,” Strange said. Attorney General Strange sent letters to the National Indian Gaming Commission on Feb. 11, 2011, and again on April 25, 2012, which asked the Commission to take action against the Poarch Tribe.
Attorney General Strange noted that the lawsuit is consistent with other actions he has taken with respect to Indian gambling. “I have lobbied Congress to stop the expansion of Indian gambling to new areas, and I have filed a brief in the Alabama Supreme Court to oppose the Poarch Band’s efforts to use its land for gambling,” Strange said. “As I have said many times, my office will use every tool at its disposal to stop illegal gambling in Alabama, wherever it is located. This lawsuit against the Poarch Band is one of those tools.”
In 2012, Congress was considering proposed legislation that would have overruled Carcieri v. Salazar, 555 U.S. 379 (2009), a U.S. Supreme Court decision that limited the Secretary of Interior’s ability to set aside land for Indian tribes to use for gambling. Attorney General Strange requested that Alabama’s Congressional delegation oppose the proposed legislation and co-sponsored a letter from 13 state attorneys general to Congress in opposition to it. Attorney General Strange also filed a brief in the Alabama Supreme Court that asked the Court to apply the Carcieri decision to the Poarch Tribe. The brief was filed in Jerry Rape v. Poarch Band of Creek Indians et al., No. 1111250 (Alabama Supreme Court).
Scott Doles Out $635,000 For Area Military Support
February 19, 2013
Citing the military’s role as an economic engine across the state, Gov. Rick Scott on Monday awarded $2.6 million in grants to projects ranging from wounded veteran assistance and technology seed money to buffers around military installations — including $635,000 in the North Escambia area.
Scott gave approval to 10 projects that the governor said will translate into new jobs, not just for military personal but the communities that surround the facilities.
“The military has a strong presence in Florida, which means jobs and opportunities for Florida families,” Scott said in a statement. “With numerous bases across Florida, nearly 100,000 men and women who serve in active and reserve duty are living in the Sunshine State.”
The North Escambia area organizations receiving grants this year are:
- The Greater Pensacola Chamber: $250,000 to establish a center of excellence for information dominance to stimulate science and technology research.
- The Andrews Institute in Gulf Breeze: $225,000 to provide support for wounded special operations warriors in order to return them to active duty.
- The Santa Rosa County Board of Commissioners: $160,000 to construct a fence to buffer Naval Air Station Whiting Field from the developing Whiting Aviation Park.
Senate President Don Gaetz, said, “These grants continue the tradition of Florida being the most military friendly state in the country with Northwest Florida as the most military-friendly area of our state. I was proud to sponsor the legislation to make today’s announcement a reality for the families and communities of Northwest Florida.”
Alex Lincoln, vice president of the Andrews Institute in Gulf Breeze, knows how critical these types of grants are to enhancing the quality of life for our military personnel. He said, “The Andrews Institute is honored to be awarded a grant by the Florida Defense Support Task Force. These Funds will continue to highlight Northwest Florida’s support for our nation’s military while preserving careers and upgrading the lives of wounded and injured special operations personnel.”
Escambia Set To Rename Equestrian Center For James C. Robinson
February 19, 2013
The Escambia County Commission is set to rename the Escambia County Equestrian Center as the “James C. Robinson Escambia County Equestrian Center”.
James C. (Jim) Robinson’s involvement with horses began with his daughter, Lisa, showing them as a child. He and his wife, Betty, were charter members of the Pensacola Hunter Jumper Association (PHJA), which formed in 1973. He served as show manager for the PHJA shows for more than 20 years, even after his daughter stopped showing.
When soccer became more prevalent at Brosnaham Field, he took it upon himself to open discussions with the County about the possibility of a new facility and was instrumental in the development of the current Equestrian Center. He worked with county staff to further develop the idea and was instrumental in procuring the property where the current facility is located.
He also actively promoted the Equestrian Center and was responsible for bringing the facility to the attention of what is now the facility’s largest revenue generator, the Gulf Coast Classic Company. He remained active in PHJA and maintained an interest in the Equestrian Center until the time of his passing.
Robinson, a resident of Cantonment, passed away December 12, 2012.
Copper Thefts Cost Century $23K; No Arrests Made
February 19, 2013
Recent copper thefts are hitting the Town of Century hard, with air conditioning repairs to cost $23,349.
In late January, copper thieves hit all eight commercial air conditioning units outside the former town owned Van Nevel Helicopters building on Industrial Boulevard, and 10 of 14 units at the town’s Habitat Building on Pond Street. All of the buildings are currently unoccupied.
According to Mayor Freddie McCall, the town’s insurance deductible is up to $5,000 per building. While the complex on Pond Street is commonly referred to a the “Habitat Building”, it is actually five different buildings that comprised the old Carver Middle School.
The lowest bid obtained by the town for making the repairs was $23,349 by Bud’s Refrigeration in Flomaton. The repairs were approved Monday night by the Century Town Council on a 4-1 vote, with Sandra McMurray Jackson against.
McCall estimated the street value of the stolen copper to be about $200.
So far, there have not been any arrests in the thefts. Anyone with information on the crimes is asked to call the Escambia County Sheriff’s Office at (850) 436-9620 or Crime Stoppers at (850) 433-STOP.
Pictured top: An Escambia County Sheriff’s Office crime scene technician dusts a broken window for fingerprints at the former Van Nevel Helicopters building in Century. Pictured inset: The crime scene tech photographs damage to an air conditioning unit. Pictured below: The vacant town owned building was burglarized and copper was stripped from outside air conditioning units. NorthEscambia.com file photos, click to enlarge.
Ransom, Tate String Orchestras Earn Superior Ratings
February 19, 2013
Three of Escambia County School District’s string orchestras, along with 11other school groups from the Tallahassee area, participated in the Florida Orchestra Association, District 3 Music Performance Assessment (MPA) in Tallahassee.
As part of the MPA process, the orchestras performed concert music for three judges and then played a piece at sight for a fourth judge.
Ransom Middle School and Tate High School, both under the direction of Cathy McConnell, participated for the first time this year and each earned a Superior rating for their performance.
After traveling to Tallahassee and participating for the first time last year, Brown Barge Middle School, under the direction of Christina Frierdich and Jonathan Clark, was given an overall Excellent rating this year.