Lightbourne v. State (1983)

Lightbourne v. State, 438 So.2d 380, 386 (Fla. 1983).

State v. Schad, 129 Ariz. 557 , 633 P.2d 366, 374-375 (Ariz 1981), cert. denied 455 U.S. 983 , 102 S.Ct. 1492 , 71 L.Ed.2d 693 (1982); People v. Fairbank, 16 Cal.4th 1223 , 69 Cal.Rptr.2d 784 , 947 P.2d 1321, 1334-1335 (1997), cert. denied, 525 U.S. 861 , 119 S.Ct. 148 , 142 L.Ed.2d 120 (1998); State v. Gordon, 197 Conn. 413 , 504 A.2d 1020 , 1024-1025 (1985); Jackson v. State, 684 A.2d 745, 750-752 (Del.1996), ce rt. denied, 520 U.S. 1171 , 117 S.Ct. 1438 , 137 L.Ed.2d 545 …

Id. (“[I]t is not necessary that an indictment or information state the exact date of the offense if such date is not known.”).

See State v. Gahner, 554 N.W.2d 818, 820 (N.D.1996) (noting that "[t]he law distinguishes between approaching an already stopped vehicle and stopping a moving one" and holding that a police officer's initial approach to the defendant's vehicle was a consensual encounter rather than a seizure where the vehicle was parked upon private property to which the public had access); In re the Welfare of E.D.J., 502 N.W.2d 779, 782 (Minn.1993) (stating that generally, under the Menden…

State v. Schad , 633 P.2d 366, 374-375 (Ariz 1981), cert. denied 455 U.S. 983 (1982); People v. Fairbank , 947 P.2d 1321, 1334-1335 (Cal. 1997), cert. denied , 525 U.S. 861 (1998); State v. Gordon , 504 A.2d 1020 , 1024-1025 (Conn. 1985); Jackson v. State , 684 A.2d 745, 750-752 (Del. 1996), cert. denied , 520 U.S. 1171 (1997); Lightbourne v. State , 438 So.2d 380, 386 (Fla. 1983), cert. denied , 465 U.S. 1051 (1984); State v. Krause , 644 P.2d 964, 966-968 (Haw. 1982); Stat…

Community caretaking encounters “ha[ve] been deemed a reasonable and prudent exercise of an officer’s duty to protect the safety of citizens.” Id. (citing Lightbourne v. State, 438 So. 2d 380, 388 (Fla. 1983)).

Cf. Lightbourne v. State, 438 So. 2d 380, 391 (Fla. 1983) (determining that “[v]iable sperm and semen traces . . . discovered in the victim’s vagina indicat[ed] sexual relations at approximately the time of death” and therefore supported a finding of sexual battery); Burkell v. State, 992 So. 2d 848, 854 (Fla. 4th DCA 2008) (“Footprints and blood-DNA may operate as direct evidence for some specific issues.

See, e.g., Johnson v. State, 969 So. 2d 938, 961 (Fla. 2007) (pre-2016 death penalty sentencing statute sufficiently narrows class of eligible offenders); Lightbourne v. State, 438 So. 2d 380, 385 (Fla. 1983) (statutory listing of aggravators and mitigators is not unconstitutionally vague).

Prison, 911 F.3d 1335, 1354 (11th Cir. 2019) (“It is not ineffective assistance of counsel to fail to make an objection that is not due to be sustained.”); Lightbourne v. State, 438 So. 2d 380, 384 (Fla. 1983) (“The instant indictment tracked the statute and adequately placed the defendant on notice that he was charged with first-degree murder resulting from any one or a combination of the three specific methods in the indictment.”).

Cf. Lightbourne v. State, 438 So. 2d 380, 391 (Fla. 1983) (determining that "[v]iable sperm and semen traces . . . discovered in the victim's vagina indicat[ed] sexual relations at approximately the time of death" and therefore supported a finding of sexual battery); Burkell v. State, 992 So. 2d 848, 854 (Fla. 4th DCA 2008) ("Footprints and blood-DNA may operate as direct evidence for some specific issues.

Lightbourne v. State, 438 So.2d 380, 388 (Fla.1983).

See Rolling v. State, 695 So.2d 278, 291 (Fla.1997); Bottoson v. State, 443 So.2d 962, 964-65 (Fla.1983); Lightbourne v. State, 438 So.2d 380, 386 (Fla.1983); Brown, 725 So.2d at 1166 .

See 438 So.2d at 388 ("There is nothing in the record that would indicate that prior to defendant voluntarily relinquishing his driver's license to Officer McGowan he was not free to express an alternative wish to go on his way."). [17] *1199 Thus, the issue we address in this case, whether a pedestrian in a public area is detained when a police officer retains his or her license for a warrants check, is not governed by any applicable precedent from this Court.

See, e.g., State v. Baez, 894 So.2d 115, 117 (Fla.2004); Lightbourne v. State, 438 So.2d 380, 388 (Fla.1983).

Lightbourne v. State, 438 So.2d 380, 387 (Fla.1983) (citing Terry v. Ohio, 392 U.S. 1 , 88 S.Ct. 1868 , 20 L.Ed.2d 889 (1968)).

It was essentially *158 an execution."); Parker v. State, 456 So.2d 436, 444 (Fla.1984) (upholding a finding that the murder was cold, calculated, and premeditated, where the evidence showed that the "victim had been pleading with defendant not to harm his girl friend and, at the time he was murdered, was lying naked, face down, on a bed," and that, "[b]efore killing the victim by a gunshot blast into his back, defendant accepted a pillow from his partner in order to muffle …

Id. at 388.

See Brown v. State, 565 So.2d 304, 309 (Fla.1990) (affirming instruction on cold, calculated and premeditated aggravating factor), abrogated by Jackson v. State, 648 So.2d 85 (Fla.1994); Lightbourne v. State, 438 So.2d 380, 385 (Fla.1983) (upholding validity of aggravating and mitigating statute challenged on vagueness grounds).

E.g., Swafford v. State, 533 So.2d 270, 277 (Fla.1988); Lightbourne v. State, 438 So.2d 380, 391 (Fla.1983).

Florida v. Royer, 460 U.S. 491 , 103 S.Ct. 1319 , 75 L.Ed.2d 229 (1983); Lightbourne v. State, 438 So.2d 380, 387 (Fla.1983), cert. denied, 465 U.S. 1051 , 104 S.Ct. 1330 , 79 L.Ed.2d 725 (1984).

In Lightbourne v. State, 438 So.2d 380, 387-88 (Fla.1983), the court ruled that no seizure occurred when the police, in response to a call regarding a “suspicious car”, approached a parked car, asked the occupant to identify himself and explain why he was there, and then ran a records check on his car and his name.

(Lightbourne v. State (Fla. 1983), 438 So. 2d 380, 387-89 (officer approached a car and asked its driver some simple questions); State v. Marks (1979), 226 Kan. 704, 710 , 602 P.2d 1344, 1350 ; Crauthers v. State (Alaska App. 1986), 727 P.2d 9, 11 ; State v. Montoya (App. 1980), 94 N.M. 542, 543-44 , 612 P.2d 1353, 1354-55 ; but see People v. Freeman (1982), 413 Mich. 492, 493 , 320 N.W.2d 878, 879 (seizure occurred when officers approached car which was parked in a private …

It is true that when a person allows the police to take his personal effects into custody and inventory them, the arrestee has allowed his privacy interest to dissipate, Lightbourne v. State, 438 So.2d 380, 387 (Fla. 1983), cert. denied, 465 U.S. 1051 , 104 S.Ct. 1330 , 79 L.Ed.2d 725 (1984); but that has to do with belongings on the arrestee’s person.

Id. [2] 392 U.S. 1 , 88 S.Ct. 1868 , 20 L.Ed.2d 889 (1968). [3] Although not raised as an issue in the briefs, we cannot uphold the stop based on the rationale in Lightbourne v. State, 438 So.2d 380, 387-389 (Fla. 1983), because we do not find that the facts in this case support a consensual encounter.

Lightbourne v State, 438 So.2d 380, 387, 388 (Fla. 1988).

Lightbourne v State, 438 So.2d 380, 387, 388 (Fla. 1988).

See, e.g., Routly v. State, 440 So.2d at 1264 ; Lightboume v. State, 438 So.2d 380, 391 (Fla.1983), cert. denied, 465 U.S. 1051 , 104 S.Ct. 1330 , 79 L.Ed.2d 725 (1984); Smith v. State, 424 So.2d 726 , 733 (Fla.1982), cert. denied, 462 U.S. 1145 , 103 S.Ct. 3129 , 77 L.Ed.2d 1379 (1983); Griffin v. State, 414 So.2d at 1029 .

See, e.g., Routly v. State, 440 So.2d at 1264 ; Lightbourne v. State, 438 So.2d 380, 391 (Fla. 1983), cert. denied, 465 U.S. 1051 , 104 S.Ct. 1330 , 79 L.Ed.2d 725 (1984); Smith v. State, 424 So.2d 726, 733 (Fla. 1982), cert. denied, 462 U.S. 1145 , 103 S.Ct. 3129 , 77 L.Ed.2d 1379 (1983); Griffin v. State, 414 So.2d at 1029 .

As stated in Lightbourne v. State, 438 So.2d 380, 384 (Fla.1983), cert, denied, 465 U.S. 1051 , 104 S.Ct. 1330 , 79 L.Ed.2d 725 (1984), An indictment or information will be dismissed for vagueness only if it is so vague, indistinct and indefinite so as to mislead a defendant or embarrass him in the preparation of his defense or expose him after conviction or acquittal to substantial danger of a new prosecution for the same offense.

Ed. 2d 262 (1983)]; Lightbourne v. State, 438 So. 2d 380, 386 (Fla. 1983), cert. denied, 465 U.S. 1051 , 104 S. Ct. 1330 , 79 L.

Those inquiries include the following: whether the police have promised the informant a reward for his cooperation or whether he is self-motivated; see Thomas v. Cox, supra, 135 ; Lightbourne v. State, 438 So. 2d 380, 386 (Fla. 1983), cert. denied, 465 U.S. 1051 , 104 S. Ct. 1330 , 79 L.

See Lightbourne v. State, 438 So.2d 380, 390-91 (Fla.1983).

See Lightbourne v. State, 438 So. 2d 380, 391 (Fla. 1983).1 Lightbourne’s sentence of death became final in 1984.

See Simons, 549 So.2d at 787 (noting that “a significant identifying characteristic of a police encounter is that the officer cannot hinder or restrict the person’s freedom to leave .... ” (citing Lightbourne v. State, 438 So.2d 380 (Fla. 1983), cert. denied, 465 U.S. 1051 , 104 S.Ct. 1330 , 79 L.Ed.2d 725 (1984))).

See Lightbourne v. State, 438 So.2d 380, 391 (Fla.1983) (determining that the fact that the defendant's sperm and semen traces were discovered in the victim's vagina indicating sexual relations at approximately the time of death supported the finding of sexual battery).

See Lightbourne v. State, 438 So. 2d 380, 390 (Fla. 1983) (applying abuse - 13 - of discretion standard to trial court’s denial of defendant’s motion to impose sanctions as a result of a discovery violation).

See Lightbourne v. State, 438 So.2d 380, 390 (Fla.1983) (applying abuse of discretion standard to trial court’s denial of defendant’s motion to impose sanctions as a result of a discovery violation).

See id. at 1226 , 1229 (citing Lightbourne v. State, 438 So.2d 380 (Fla.1983), as controlling, and further noting that “[a]n officer’s observations during a consensual encounter can give rise to a reasonable belief of both a weapons violation and a potential danger to the officer, which transform the encounter into an investigatory stop, justifying a protective pat[-]down.”).

See Lightbourne v. State, 438 So.2d 380, 386 (Fla.1983) (holding that a Massiah claim requires proof of an "overt scheme" in which the State takes part to obtain incriminating statements).

See Lightbourne v. State, 438 So.2d 380 (Fla.1983) (holding that suspicious or furtive movement can justify pat-down search), cert. denied, 465 U.S. 1051 , 104 S.Ct. 1330 , 79 L.Ed.2d 725 (1984); Brown v. State, 863 So.2d 459, 461 (Fla. 5th DCA 2004) ("Furtive movements may give rise to a reasonable suspicion that someone is armed and dangerous."); C.G. v. State, 689 So.2d 1246 (Fla. 4th DCA 1997); State v. Kinnane, 689 So.2d 1088 (Fla. 2d DCA 1996); State v. Brown, 395 So.2…

See Lightbourne v. State, 438 So.2d 380 (Fla.1983)(holding that suspicious or furtive movement can justify pat-down search), cert. denied, 465 U.S. 1051 , 104 S.Ct. 1330 , 79 L.Ed.2d 725 (1984); C.G. v. State, 689 So.2d 1246, 1248 (Fla. 4th DCA 1997) (same); State v. Kinnane, 689 So.2d 1088, 1089 (Fla. 2d DCA 1996) (same).

See Lightbourne v. State, 438 So.2d 380, 387-388 (Fla.1983).

See Lightbourne v. State, 438 So.2d 380 (Fla.1983).

See Lightbourne v. State, 438 So.2d 380, 386 (Fla.1983).

See Lightbourne v. State, 438 So.2d 380, 387 (Fla.1983)(no unlawful intrusion when police are not acting on hunch or on roving patrol but rather responding to call to investigate suspicious car); Hernandez v. State, 784 So.2d 1124 (Fla. 3d DCA 1999)(dispatch call of suspicious activity at 3:00 a.m. in parking lot and observing two vans parked back-to-back, with rear doors open, sufficient to create reasonable suspicion); State v. Clark, 721 So.2d 1202 (Fla. 3d DCA 1998)(poli…

See Lightbourne v. State, 438 So.2d 380, 387 (Fla. 1983)(no unlawful intrusion when police are not acting on hunch or on roving patrol but rather responding to call to investigate suspicious car); Hernandez v. State, 784 So.2d 1124 (Fla. 3d DCA 1999)(dispatch call of suspicious activity at 3:00 a.m. in parking lot and observing two vans parked back-to-back, with rear doors open, sufficient to create reasonable suspicion); State v. Clark, 721 So.2d 1202 (Fla. 3d DCA 1998)(pol…

See Popple v. State, 626 So.2d at 187 (citing Florida v. Royer, 460 U.S. 491 , 103 S.Ct. 1319 , 75 L.Ed.2d 229 (1983) and Lightbourne v. State, 438 So.2d 380 (Fla. 1983))(a police officer does not need to have a founded suspicion to approach an individual and ask a few questions).

See Lightbourne v. State, 438 So.2d 380 (Fla. 1983), cert. denied, 465 U.S. 1051 , 104 S.Ct. 1330 , 79 L.Ed.2d 725 (1984); State v. Mitchell, 638 So.2d 1015 (Fla. 2d DCA 1994); State v. Barnett, 572 So.2d 1033 (Fla. 2d DCA), rev. denied, 581 So.2d 163 (Fla.1991); State v. Arnold, 475 So.2d 301 (Fla. 2d DCA 1985); Davis v. State, 461 So.2d 1361 (Fla. 2d DCA), rev. denied, 471 So.2d 43 (Fla.1985).

See Lightbourne v. State, 438 So.2d 380 (Fla.1983), cert. denied, 465 U.S. 1051 , 104 S.Ct. 1330 , 79 L.Ed.2d 725 (1984).

See Lightbourne v. State, 438 So.2d 380 (Fla. 1983), cert. denied, 465 U.S. 1051 , 104 S.Ct. 1330 , 79 L.Ed.2d 725 (1984).