CopyCited 42 times | Published | Supreme Court of Florida
...Section
322.03, Florida Statutes, F.S.A., prohibits a person from driving a motor vehicle unless he has a valid license as an operator. There are some exceptions which we need not notice. The part of the statute which generated the instant dispute is Section
322.15, Florida Statutes, F.S.A., which reads as follows: "Every licensee shall have his operator's or chauffeur's license in his *787 immediate possession at all times when operating a motor vehicle and shall display the same, upon demand of...
CopyCited 41 times | Published | Florida 1st District Court of Appeal
...Members of the Florida Highway Patrol are vested with authority under F.S. Section
321.05(1), F.S.A. "to require the drivers of vehicles to stop and exhibit their drivers' licenses, registration cards or documents required by law to be carried by such vehicles." And F.S.Section
322.15, F.S.A....
CopyCited 38 times | Published | Supreme Court of Florida | 2006 WL 3629581
...Johnson,
326 F.3d at 1022. Moreover, at the time he was approached, Golphin was not the driver of a vehicle such that abandoning his driver's license identification to the officer's possession would subject him to penalty for violating Florida's traffic laws. See §
322.15, Fla....
CopyCited 35 times | Published | Supreme Court of Florida
...We adhere to the former decisions of this state on the subject earlier recited. The district court's opinion is accordingly quashed except as expressed herein. It is so ordered. ROBERTS, C.J., and CARLTON, ADKINS and BOYD, JJ., concur. ERVIN and McCAIN, JJ., dissent. NOTES [1] Fla. Stat. § 322.15, F.S.A....
CopyCited 23 times | Published | Florida 2nd District Court of Appeal
...NOTES [1] While we agree with the need for effective law enforcement, we respectfully submit that other, less drastic alternatives are available. For example, a cited individual might be permitted to produce evidence of legal possession within a given time limit so as to avoid prosecution. Cf. § 322.15, Fla....
CopyCited 17 times | Published | Supreme Court of Florida | 2004 WL 2534352
...Further, it is unrealistic to conclude that Baez might have walked or driven away without his license while the warrants check was ongoing. Operating a motor vehicle without having a driver's license in one's "immediate possession" is a traffic infraction under section 322.15, Florida Statutes (2003)....
CopyCited 14 times | Published | Florida 3rd District Court of Appeal | 1988 WL 56524
...985), [1] they pulled the vehicle over. It was driven by the defendant-appellee Fernandez, who was previously unknown to the officers. During the stop, they discovered that Fernandez did not have a driver's license in his possession, in violation of section 322.15(1), Florida Statutes (1985)....
...distance of 50 feet to the rear. Any taillamp or taillamps, together with any separate lamp or lamps for illuminating the rear registration plate, shall be so wired as to be lighted whenever the headlamps or auxillary driving lamps are lighted. [2] 322.15 License to be carried and exhibited on demand....
CopyCited 13 times | Published | Florida 2nd District Court of Appeal | 1991 WL 4476
..."Were the individual subject to unfettered governmental intrusion every time he entered an automobile, the security guaranteed by the Fourth Amendment [sic] would be seriously circumscribed."
99 S.Ct. at 1401. I have not overlooked Cameron v. State,
112 So.2d 864 (Fla. 1st DCA 1959), which held that section
322.15, Florida Statutes, permitted a law enforcement officer, with no suspicions, to stop any vehicle driver to examine *1036 the driver's license and registration. Section
322.15 provides: License to be carried and exhibited on demand....
... (1) Every licensee shall have his operator's or chauffeur's license in his immediate possession at all times when operating a motor vehicle and shall display the same upon the demand of a patrol officer, peace officer, or field deputy or inspector of the department. § 322.15, Fla....
CopyCited 12 times | Published | Florida 4th District Court of Appeal | 2003 WL 21800407
...er. This provided the officer with an adequate basis for believing that the driver had "sufficiently identif[ied] himself" to allow the issuance of a notice to appear instead of a custodial arrest. Fla. R.Crim. P. 3.125(b)(1). Since the enactment of section 322.15(2), Florida Statutes (2001), the taking of a fingerprint of a person who does not produce a driver's license during a traffic stop is a requirement of statute....
...An unanticipated effect was that officers reported that many would-be imposters confessed their true identity when confronted on the street with the thumbprint requirement. The success of the program in Palm Beach County and other jurisdictions led to the passage of section 322.15, Florida Statutes (2001)....
CopyCited 11 times | Published | Florida 5th District Court of Appeal | 10 Fla. L. Weekly 2056
...least without some showing of justification by the arresting authority. Such an intrusion seems hardly appropriate in view of the statutes which provide for release of persons arrested for traffic infractions. See, e.g., Sections
30.56,
316.650 and
322.15(2), Florida Statutes (1983) (prohibiting prosecution for failure to have a driver's license in the possession of the person arrested if, prior to the hearing, the person produces a driver's license valid at the time of arrest, in which case the clerk of the court is authorized to dismiss the charge)....
...§ 1983, and it was error to dismiss it. The order of dismissal is reversed and the cause is remanded for further proceedings consistent herewith. REVERSED and REMANDED. FRANK D. UPCHURCH, Jr., J., and HAMMOND, K., Associate Judge, concur. NOTES [1] Section 322.15(1), Florida Statutes requires every licensee to carry his license at all times when operating a motor vehicle. The licensee must display the license upon demand. Section 322.15(2) provides that a licensee shall not be convicted of violating this section if he produces his license in court or to the clerk of the court prior to or at the time of his hearing....
CopyCited 5 times | Published | Florida 3rd District Court of Appeal | 1988 WL 81868
...ndeed cannot affect fourth amendment considerations regarding the admissibility of evidence in state trial courts. For the foregoing reasons, we reverse the order of suppression and remand for further proceedings. Reversed and remanded. NOTES [1] Section 322.15(1), Florida Statutes (1985), provides as follows: 322.15 License to be carried and exhibited on demand....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal
...The trial judge being the trier of the law and fact, his denial of the motion comes to this court clothed with a presumption of correctness. Thus the evidence should be construed in the light most favorable to sustain this conclusion. Cameron v. State, Fla.App.,
112 So.2d 864. Section
322.15, Florida Statutes, F.S.A., provides: "Every licensee shall have his operator's or chauffeur's license in his immediate possession at all times when operating a motor vehicle and shall display the same, upon demand of a patrol officer,...
...The officers, as shown by this record, did not illegally arrest the defendant and the search incident thereto was proper. The arrest being justified under the circumstances of this record, the subsequent acquittal, if this be true, would be of no consequence. Section 322.15, Florida Statutes, F.S.A., Brown v....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 2009 Fla. App. LEXIS 14399, 2009 WL 3047325
...tice of setting up a road block for the purpose of inspecting drivers' licenses was an unconstitutional invasion of his right to use the public ways, and amounted to an illegal search and seizure. The supreme court rejected the argument, noting that section 322.15, Florida Statutes, provided that "[e]very licensee shall have his operator's or chauffeur's license in his immediate possession at all times when operating a motor vehicle and shall display the same, upon demand of a patrol officer." Id....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 2006 WL 2381956
...ion and run a check of its validity and a warrants check. Moreover, when Lanier produced only an identification card rather than a driver's license, reasonable suspicion arose for Shea to believe that Lanier was driving without a proper license. See § 322.15(1), Fla....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2007 WL 4561576
...With a lawful stop and ongoing investigation arising from the reason for the stop, Officer Shea could properly ask for Mr. Lanier's identification. See id. (quoting State v. Baez,
894 So.2d 115 (Fla.2004)). Significant to Appellant's case is the Lanier panel's conclusion, citing §
322.15(1), Fla....
...s suspended, Appellant answered that it was "badly suspended." When the other officer checked the status of the license, Appellant was found to be a habitual traffic violator. See §
322.264, Fla. Stat. (2006) (defining "habitual traffic offender"). Section
322.15(1), Fla. Stat. (2006), states:
322.15 License to be carried and exhibited on demand; fingerprint to be imprinted upon a citation....
CopyPublished | District Court of Appeal of Florida | 1990 Fla. App. LEXIS 4093, 1990 WL 77260
...The arresting officer testified at the suppression hearing that he stopped appellee’s car after appellee made a right turn without signalling. §
316.155(2), Fla.Stat. (1989). Appellee was unable to produce a driver’s license, which the law requires him to carry. §
322.15(1), Fla.Stat....
CopyPublished | Florida 5th District Court of Appeal
...faded, altered, mutilated, or defaced, in his or her
immediate possession at all times when operating a
motor vehicle and shall present or submit the same
upon the demand of a law enforcement officer or an
authorized representative of the department.
§ 322.15(1), Fla....
CopyPublished | Florida 1st District Court of Appeal | 2005 Fla. App. LEXIS 19921, 2005 WL 3454087
...- We find no error in the trial court’s denial of appellant’s motion to suppress. The police officers had probable cause to stop appellant’s vehicle for a traffic violation. See Holland v. State,
696 So.2d 757 *974 (Fla.1997). Further, the officers could properly ask appellant to produce his driver’s license. See §
322.15(1), Fla....
CopyPublished | Florida 2nd District Court of Appeal | 2010 Fla. App. LEXIS 11260, 2010 WL 3023278
...ed by the legislature as “noncriminal traffic infractions.” See §
318.14, Fla. Stat. (2008). These include, for example, driving with a license that has been expired for four months or less, §
322.065; driving without carrying a valid license, §
322.15(1); driving at certain times while underage and without being accompanied by an adult, §
322.16(2), (3); and failing to timely update a license after a name or address change, §
322.19....
CopyPublished | Florida 5th District Court of Appeal
...their content, and it affords licensees less choice over content than
did the specialty plate program at issue in Walker. See, e.g.,
§
322.14, Fla. Stat. (mandating what the Department of Highway
Safety and Motor Vehicles must include on licenses); id.
§
322.15(1) (requiring that driver licenses not be “faded, altered,
mutilated, or defaced”); id....
...Seven years later, the designation was changed to
the current marking: “SEXUAL PREDATOR.” See §
322.141,
Fla. Stat. (2014).
3 Despite being placed in a licensee’s possession, the State
maintains stringent control over the license. See, e.g.,
§
322.15(1), Fla....
...49
or her immediate possession at all times when
operating a motor vehicle and shall present or
submit the same upon the demand of a law
enforcement officer or an authorized representative
of the department.
§ 322.15(1), Fla....
