CONNECTICUT

v.

DONAHUE

Citator

Cited By

• Eldridge v. State, 817 So. 2d 884 (Fla. 5th DCA 2002)
  …er and the officer stops and detains a driver based on that erroneous information, the exclusionary rule will bar admission of evidence seized as a result of the search incident to that arrest.1 Shadler v. State, 761 So. 2d 279 (Fla.), cert. denied, 531 U.S. 924, 121 S.Ct. 298, 148 L.Ed.2d 240 (2000).2 Finding that the DMV is “an integral part of law enforcement in the State of Florida,” the court in Shadier explained: Surely, the Department of Highway Safety, above all others, will consistently strive to…

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• Smith v. Smith, 919 So. 2d 525 (Fla. 5th DCA 2005)
  …nnection with ERISA plans. Several federal circuit courts of appeal have held that under federal common law a named beneficiary under an ERISA plan can waive entitlement to benefits. See Rhoades v. Casey, 196 F. 3d 592 (5th Cir. 1999), cert. denied, 531 U.S. 924, 121 S.Ct. 298, 148 L.Ed.2d 240 (2000); Estate of Altobelli v. Int’l Bus. Machs. Corp., 77 F. 3d 78 (4th Cir.1996); Mohamed v. Kerr, 53 F. 3d 911 (8th Cir.1995), cert. denied, 516 U.S. 868, 116 S.Ct. 185, 133 L.Ed.2d 123 (1995). A minority of the fe…
• Moore v. State, 123 So. 3d 672 (Fla. 2d DCA 2013)
  …reserving the issue for appeal. Both Mr. Moore’s attorney and the assistant state attorney apparently never bothered to read Shadier I. In 2000, the Florida Supreme Court reversed Shadier I in Shadler v. State, 761 So. 2d 279 (Fla.), cert. denied, 531 U.S. 924, 121 S.Ct. 298, 148 L.Ed.2d 240 (2000) (Shadier II). In Shadier II, the supreme court reviewed the functions of the DHSMV and determined that the DHSMV, including all of its divisions, was considered a “law enforcement agency” for purposes of interp…