verbal warning in Florida

2016Id. at 835 .

2016Id. at 835 .

2006Thereafter, the state filed a motion for rehearing based on the decision of the United States Supreme Court in Ohio v. Robinette, 519 U.S. 33 (1996), which upheld the voluntariness of a defendant's consent to the search of his automobile on facts showing that following a traffic stop for speeding, the officer ran a computer check on the defendant's driver's license, which disclosed the defendant had no previous violations, and the officer then issued a verbal warning to the defendant indicating that he could leave.

2001See Hen Lin Lu, 683 So.2d 1110 ; Hinds, 726 So.2d 812 .

1988C Third, even if it be assumed that Garrett and his companions were constantly trespassing in a limited area of Rinker's land, where these sand hills were apparently located, [4] which would arguably give rise to a duty to post warning signs of the known dangers in that limited area of the land, see, e.g., Savignac v. Department of Transportation, 406 So.2d 1143 (Fla. 2d DCA 1981), rev. denied, 413 So.2d 875 (Fla. 1982); Restatement of Torts (Second) § 335 (1965), or that, despite all indications to the contrary, a verbal warning was somehow possible when Rinker's guard saw Garrett on the land

1981This case is to be distinguished from Padilla v. Gulf Power Co., 401 So.2d 1375 (Fla. 1st DCA 1981), in which the record evidence did not foreclose Gulf Power's possible liability for negligence, independent or vicarious, in supplying a potentially dangerous machine that was repaired in a way obliterating the manufacturer's warning plate affixed to the machine.