Discovery Flashcards
What can the state require the defendant to do after formal charges have been filed?
In Florida, criminal charges are brought by indictment, information, notice to appear, affidavit, or docket entry depending on the classification of crime. An information is the charging document that the state attorney files against a defendant. In circuit courts, prosecution must be made by indictment or information. Among other things, the court may require the defendant to give samples of blood, hair and other bodily materials, be fingerprinted, or appear in a lineup.
When can defendant move to suppress evidence?
A defendant subject to an unlawful search and seizure may move to suppress anything seized as evidence if (i) the property is illegally seized without a warrant, (ii) the warrant is insufficient, (iii) the seized property was not described in the warrant, (iv) there was no probable cause for the grounds on which the warrant was issued, or (v) the warrant was illegally executed.
