This week's Florida appellate decisions, covered case by case: a driver refused a blood draw after a fatal Turnpike crash and the Fourth District affirmed suppression on the State's own appeal, receding from the one sentence prosecutors had been citing as a probable cause exception to the warrant requirement. Plus a Pinellas sexual battery conviction reversed for fundamental error over a steak knife and two condoms that had nothing to do with the case, a Tampa grand theft that became petit theft because nobody testified to depreciation, a fifth door shut on last week's Erlinger argument, and the Florida Supreme Court's rulings in the final week before a scheduled execution. Then a deep dive on the three ways the State can take blood in a DUI case and what each one now requires.

PRACTICE AREAS THIS WEEK: all criminal, with the DUI blood draw case of the year, two Pinellas decisions, two Hillsborough decisions, and a death warrant that runs out next Thursday.

CHAPTERS
0:00 The shortcut week
1:12 Marlin: the blood draw, the dicta, and the door that closed
5:48 Harris: the Pinellas timeline case Marlin now matches
7:26 Green: a Pinellas sexual battery reversed for fundamental error
10:27 Russell: a Tampa grand theft with no depreciation testimony
12:47 Foster: the fifth door on the Erlinger argument
13:36 Conahan: the final week before an execution
15:02 Lorincz, Agee, and the week's hundred and seventy affirmances
16:06 Deep dive: the three ways the State takes blood, and what each requires
21:30 The week in one line

Cases covered:
State v. Marlin, 4D2025-1448 (Fla. 4th DCA Sept. 2, 2026)
State v. Harris, 2D2023-1430 (Fla. 2d DCA Oct. 16, 2024)
Green v. State, 2D2024-1803 (Fla. 2d DCA Sept. 4, 2026)
Russell v. State, 2D2024-1373 (Fla. 2d DCA Aug. 28, 2026)
Foster v. State, 2D2024-2771 (Fla. 2d DCA Sept. 4, 2026)
Conahan v. State, SC2026-1234, SC2026-1236, SC2026-1281 & SC2026-1282 (Fla. Sept. 3, 2026)
Lorincz v. State, 5D2024-3437 (Fla. 5th DCA Sept. 3, 2026)
Agee v. State, 1D2023-3321 (Fla. 1st DCA Sept. 2, 2026)

Discussed in the deep dive: Schmerber v. California, 384 U.S. 757 (1966); Missouri v. McNeely, 569 U.S. 141 (2013); Birchfield v. North Dakota, 579 U.S. 438 (2016); Mitchell v. Wisconsin, 588 U.S. 840 (2019); State v. Acevedo, 366 So. 3d 1096 (Fla. 4th DCA 2023); State v. Liles, 191 So. 3d 484 (Fla. 5th DCA 2016); Robertson v. State, 604 So. 2d 783 (Fla. 1992); State v. Geiss, 70 So. 3d 642 (Fla. 5th DCA 2011); sections 316.1932, 316.1933, and 933.02, Florida Statutes.

Most of these decisions are not final until the time for rehearing expires. Want the opinions, or the one page blood draw timeline worksheet? Email rory@thesafirlawyer.com and I will send them over, no charge.

Safir Injury and Criminal Defense Law handles criminal, DUI, and personal injury matters across Florida, and we gladly accept referrals from fellow attorneys. Call or text 727-472-8096, or find us at thesafirlawyer.com.

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