CopyCited 260 times | Published | Supreme Court of Florida | 1993 WL 406370
Yellow flag · Distinguished by A.L. (2014) · 14 cautionary, 4 positive
...Ohio,
392 U.S. 1,
88 S.Ct. 1868,
20 L.Ed.2d 889 (1968). At this level, a police officer may reasonably detain a citizen temporarily if the officer has a reasonable suspicion that a person has committed, is committing, or is about to commit a crime. §
901.151 Fla....
CopyCited 216 times | Published | Court of Appeals for the Eleventh Circuit | 2016 U.S. App. LEXIS 12812, 2016 WL 3742164
...Therefore, Marshall’s pro se brief and the State’s answer brief, both submitted in response to our order, are the operative briefs on appeal. . Marshall also argues that his detention and transportation to the Pizza Hut was illegal under Florida’s “Stop and Frisk Law,” Fla. Stat. § 901.151 , and that McKinley’s failure to challenge the Pizza Hut identification on this ground constituted ineffective assistance....
CopyCited 188 times | Published | Supreme Court of Florida
Yellow flag · Limited (1981) · 3 cautionary, 3 positive
...story of its enactment, and the state of the law already in existence bearing on the subject." Foley v. State,
50 So.2d 179, 184 (Fla. 1951) (emphasis added). In determining legislative intent, we must give due weight and effect to the title of *825 section
901.151, Florida Statutes (1977), which was placed at the beginning of the section by the legislature itself....
...The title is more than an index to what the section is about or has reference to; it is a direct statement by the legislature of its intent. Berger v. Jackson,
156 Fla. 251, 768,
23 So.2d 265 (1945). Applying these rules of statutory construction to section
901.151, Florida Stop and Frisk Law, there is no doubt that the legislature intended to adopt the federal standards for stop and frisk, and not any stricter standards. This was made abundantly clear in its title where the legislature says that section
901.151 is: AN ACT relating to "stop and frisk"; authorizing a law enforcement officer to temporarily detain and question a person under circumstances which reasonably indicate that such person has committed, is committing, or is about to com...
...d person is armed with a dangerous weapon; provides that said person shall not be detained more than is reasonably necessary for such search unless an arrest is made; providing an effective date. Ch. 69-73, Laws of Florida. (Emphasis added.) Viewing section 901.151 in the context of its stated purpose to permit officers to temporarily detain and question persons under circumstances reasonably indicating criminal activity, past, present, or imminent, and to frisk where they have reasonable belief...
CopyCited 134 times | Published | Supreme Court of Florida | 1995 WL 324080
Green flag · Cert Denied by Hernandez-Alberto (2004) · 33 positive
...ressed. A law enforcement officer may stop a vehicle and request identification from its occupants when the officer has founded or reasonable suspicion that the occupants of the vehicle have committed, are committing, or are about to commit a crime. § 901.151(2), Fla....
CopyCited 99 times | Published | Florida 4th District Court of Appeal
Yellow flag · But See by Tamer (1985) · 1 cautionary, 5 positive
...e after an extensive investigation. We disagree with the court's reasoning. The right of law enforcement officers to stop and temporarily detain individuals *1247 under certain circumstances is specifically granted by the Florida Stop and Frisk Law, Section 901.151, Florida Statutes (1976)....
...The Public Defender has filed a suggestion of death of Appellee-Jackie Stevens, a/k/a Jackie Stephens. As a result the State's appeal as to this appellee has been dismissed. As to the remaining appellees, the case is Reversed and Remanded. CROSS and MOORE, JJ., concur. NOTES [1] The paragraphs of Section 901.151 most pertinent to this case are: (2) Whenever any law enforcement officer of this state encounters any person under circumstances which reasonably indicate that such person has committed, is committing, or is about to commit a violati...
CopyCited 86 times | Published | Supreme Court of Florida
Red flag · Overruled by Elsleger (1987) · 1 negative, 1 positive
...Defendant further cites as error the hearing of the motion to suppress during the trial, rather than before trial. The State's position is that the checking of the passengers for identification was valid under the Florida, "Stop and Frisk," law, Florida Statute 901.151; that the search and seizure of the plastic sandwich bag was legal by virtue of the, "open view doctrine;" that even if such search and seizure were to be illegal and followed therefore by an illegal arrest, the defendant gave a valid consent to the search of her cosmetic bag, thus validating the search and seizure....
...the passengers had committed, was committing, or was about to commit a violation of the criminal laws of the State, County or any municipality. Therefore, there is no validity to the State's reliance upon the, "Stop and Frisk," law, Florida Statute 901.151....
CopyCited 66 times | Published | Supreme Court of Florida | 2003 WL 21283161
Yellow flag · Distinguished by Oslin (2005) · 1 cautionary, 8 positive
...Ohio,
392 U.S. 1,
88 S.Ct. 1868,
20 L.Ed.2d 889 (1968). At this level, a police officer may reasonably detain a citizen temporarily if the officer has a reasonable suspicion that a person has committed, is committing, or is about to commit a crime. §
901.151 Fla....
CopyCited 58 times | Published | Florida 2nd District Court of Appeal
Red flag · Receded From by Hetland (1980) · 2 negative, 3 positive
...t procedures which will lighten the burden of troubling questions for both law enforcement personnel and the courts. Reversed and remanded for further proceedings not inconsistent with this opinion. SCHEB, Acting C.J., and OTT, J., concur. NOTES [1] § 901.151, Fla....
...e due process clause of the Fourteenth Amendment. Mapp v. Ohio,
367 U.S. 643,
81 S.Ct. 1684,
6 L.Ed.2d 1081 (1961). [4] LaFave, "Street Encounters" and the Constitution: Terry, Sibron, Peters, and Beyond, 67 Mich.L.Rev. 40 (1968). [5] Id. at 78. [6] §
901.151, Fla. Stat. (1977). The statute, which has not been amended since its enactment, reads as follows:
901.151 Stop and Frisk Law....
CopyCited 57 times | Published | Supreme Court of Florida | 1993 WL 219861
Green flag · Reaffirmed by GM (2008) · 2 positive
...Arizona,
384 U.S. 436,
86 S.Ct. 1602,
16 L.Ed.2d 694 (1966). Perez,
592 So.2d at 1099. Perez successfully moved to suppress the firearm prior to trial. The judge found that the police did not have reasonable suspicion to support an investigative stop under section
901.151, Florida Statutes (1987), and held that the firearm was seized as a direct result of the illegal stop....
...A temporary investigative stop, on the other hand, is permissible where police have a reasonable suspicion i.e., a particularized and objective basis for suspecting that the suspect has committed, is committing, or is about to commit a crime. See generally § 901.151, Fla....
CopyCited 41 times | Published | Florida 2nd District Court of Appeal
...e officers possessed a well-founded suspicion of criminal activity which authorized them to approach Carter's vehicle and to conduct a lawful investigatory stop and detention under Terry v. Ohio,
392 U.S. 1,
88 S.Ct. 1868,
20 L.Ed.2d 889 (1968), and section
901.151, Florida Statutes (1981)....
CopyCited 38 times | Published | Supreme Court of Florida | 2006 WL 3629581
Yellow flag · But See by Caldwell (2010) · 1 cautionary, 3 positive
...Second are those designated investigatory stops, at which time a police officer "may reasonably detain a citizen temporarily if the officer has a reasonable suspicion that a person has committed, is committing, or is about to commit a crime." Id. (citing § 901.151, Fla....
...2451,
159 L.Ed.2d 292 (2004); Kolender v. Lawson,
461 U.S. 352,
103 S.Ct. 1855,
75 L.Ed.2d 903 (1983); Brown v. Texas,
443 U.S. 47,
99 S.Ct. 2637,
61 L.Ed.2d 357 (1979). Florida has a similar statute authorizing officers to ascertain a person's identity during a lawful detention, see section
901.151(2), Florida Statutes (2006), but it is not implicated in this case because there was no reasonable, articulable suspicion of criminal activity....
CopyCited 37 times | Published | Supreme Court of Florida | 12 Fla. L. Weekly 39
Green flag · Cert Denied by Muehleman (2009) · 21 positive
...the victim's distinctive automobile. In light of Muehleman's furtive behavior and apparent attempt to flee, the officer's suspicion was eminently reasonable and he acted properly in detaining the suspect for the purpose of ascertaining his identity. § 901.151(2), Fla....
CopyCited 37 times | Published | Supreme Court of Florida | 1995 WL 2418
Red flag · Superseded by Menna (2001) · 1 negative
...Ohio,
392 U.S. 1,
88 S.Ct. 1868,
20 L.Ed.2d 889 (1968), and subsequent cases that certain investigative stops are permissible under the Fourth Amendment when based on an officer's reasonable suspicion that criminal activity is afoot. This rule is codified in section
901.151, Florida Statutes (1991): Whenever any law enforcement officer of this state encounters any person under circumstances which reasonably indicate that such person has committed, is committing, or is about to commit a violation of the criminal laws of this state ......
...he may temporarily detain such person for the purpose of ascertaining the identity of the person temporarily detained and the circumstances surrounding his presence abroad which led the officer to believe that he had committed, was committing, or was about to commit a criminal offense. § 901.151(2), Fla....
...When Taylor exited his car, he staggered and exhibited slurred speech, watery, bloodshot eyes, and a strong odor of alcohol. This, combined with a high rate of speed on the highway, was more than enough to provide Quant with reasonable suspicion that a crime was being committed, i.e., DUI. The officer was entitled under section 901.151 to conduct a reasonable inquiry to confirm or deny that probable cause existed to make an arrest....
CopyCited 35 times | Published | Florida 4th District Court of Appeal | 2001 WL 980801
...State,
657 So.2d 1246 (Fla. 1st DCA 1995). To stop and detain a person for investigation, an officer must have a reasonable suspicion that the person has committed, is committing, or is about to commit a crime. See Popple v. State,
626 So.2d 185, 186 (Fla.1993); §
901.151(2), Fla....
CopyCited 32 times | Published | Supreme Court of Florida
Yellow flag · Distinguished (1994) · 1 cautionary
...not do so arbitrarily or on a bare suspicion that the occupants are violating the law. Kersey v. State,
58 So.2d 155 (Fla. 1952); Gustafson v. State, supra; State v. Ebert,
251 So.2d 38 (Fla.App. 2nd, 1971); Wilson v. Porter, supra; see, Fla. Stat. §
901.151(2) (1975)....
CopyCited 32 times | Published | Florida 1st District Court of Appeal | 14 Fla. L. Weekly 245
...the flight helped to create probable cause so that the stop was justified. The state dropped the paraphernalia charge and stipulated to the dispositive nature the trial court's order denying the motion to suppress. The "Florida Stop and Frisk Law", section 901.151, Florida Statutes (1987), authorizes the temporary stop and detention of an individual based upon a police officer's founded suspicion of criminal activity for the purpose of ascertaining identity and the circumstances giving rise to the suspicion....
CopyCited 31 times | Published | Supreme Court of Florida | 10 Fla. L. Weekly 542
...A subsequent search of his person at the police station revealed LSD and cocaine.
337 So.2d at 1025. The district court held that the defendant's behavior before the stop did not justify a stop pursuant to Terry v. Ohio,
392 U.S. 1,
88 S.Ct. 1868,
20 L.Ed.2d 889 (1968) or the Florida Stop and Frisk Law, section
901.151, Florida Statutes (1975)....
CopyCited 31 times | Published | Florida 1st District Court of Appeal | 1999 WL 496156
...rabbed defendant's arm and patted down his pockets; police lacked evidence connecting defendant with drug dealing or other criminal activity). Even if we assume, without having to decide in this case, that pursuant to the Florida Stop and Frisk Law, section 901.151(5), Florida Statutes (1997), Deputy Simmons had "probable cause," i.e., a reasonable belief, to believe that Hines was armed and dangerous, the deputy exceeded his constitutional authority by immediately reaching directly into Hines' pocket and removing the contraband....
...Rather, an officer need simply have a reasonable belief that the individual is armed and dangerous. State v. Webb,
398 So.2d 820, 824-25 (Fla. 1981); State v. Burns,
698 So.2d 1282, 1284 (Fla. 5th DCA 1997); Daniels v. State,
543 So.2d 363 (Fla. 1st DCA 1989). [4] The Florida Stop and Frisk Law, section
901.151, Florida Statutes, is a codification of Terry....
CopyCited 30 times | Published | Florida 2nd District Court of Appeal
Green flag · Cert Denied by Rodriguez (1989) · 6 positive
...His motion to suppress was denied and he was convicted following a jury trial. In order to stop an automobile and to request identification from its occupants, it is not necessary for the police to have probable cause. Rather, the police are governed in this respect by Section 901.151, Florida Statutes (1975) (the "Stop and Frisk Law") and Terry v....
...s further investigation. [1] State v. Othen,
300 So.2d 732 (Fla.2d DCA 1974). We hold that the circumstances here were insufficient to reasonably indicate that the occupants of the car had committed, were committing, or were about to commit a crime. Section
901.151, Florida Statutes (1975)....
CopyCited 30 times | Published | Florida 2nd District Court of Appeal | 1989 WL 116620
Yellow flag · Distinguished (1997) · 2 cautionary, 1 positive
...A "stop," on the other hand, is permissible provided the detention is temporary and reasonable under the circumstances only when the police officer has a well-founded suspicion that a person has committed, is committing, or is about to commit a crime. § 901.151, Fla....
CopyCited 30 times | Published | Florida 1st District Court of Appeal | 1989 WL 128048
...Although we agree that the officers initially lacked probable cause to arrest appellee, we find that the facts and circumstances presented are sufficient to support an investigatory stop under Terry v. Ohio,
392 U.S. 1,
88 S.Ct. 1868,
20 L.Ed.2d 889 (1968), and Section
901.151, Florida Statutes (1987)....
CopyCited 29 times | Published | Florida 1st District Court of Appeal | 1989 WL 49604
...tain an individual based upon circumstances which reasonably indicate past, present or future criminal activity, for the purpose of ascertaining identity of that individual and investigating the circumstances giving rise to the officer's suspicions. Section 901.151(2), Fla....
...If an officer validly stops and detains an individual, and has probable cause to believe that the individual seized is armed with a dangerous weapon and poses a threat to the officer or any other person, the officer may search the individual to the extent necessary to disclose the weapon. Section 901.151(5)....
...In fact, the evidence established that Etheridge stopped Daniels based on a suspicion that Daniels possessed a weapon. However, the officer failed to articulate any basis for suspecting criminal activity as required in order to justify a stop and detention under section 901.151(2) and Terry v....
CopyCited 28 times | Published | Florida 2nd District Court of Appeal | 12 Fla. L. Weekly 2546
Green flag · Cert Denied (2018) · 1 positive
...Walker pled nolo contendere to possession of cocaine and possession of drug paraphernalia, reserving his right to appeal the court's order. We find the trial court erred in denying the motion to suppress because the initial stop and the subsequent search violated the Stop and Frisk Law, section 901.151, Florida Statutes (1985)....
...Walker argues that the pipe, cocaine and statement made immediately after his arrest should have been suppressed. We agree. While a law enforcement officer may temporarily detain a person for investigation under circumstances reasonably indicating that the person has committed, is committing, or is about to commit a crime, § 901.151, Fla....
...igatory pat-down. Where an officer has probable cause to believe that someone properly detained is armed with a dangerous weapon and presents a threat to his safety, the statute allows a search only to the extent necessary to disclose such a weapon. § 901.151(5), Fla....
...G.J.P.,
469 So.2d 826. Moreover, even had there been proper grounds to detain Walker and search him for weapons, the officer knew before seizing the pipe that it was not a weapon. He thus exceeded the permissible scope of such a search as outlined in section
901.151....
CopyCited 28 times | Published | Florida 2nd District Court of Appeal | 10 Fla. L. Weekly 1075
...est should have been suppressed. We agree. A law enforcement officer may temporarily detain a person for purposes of investigation under circumstances reasonably indicating that the person has committed, is committing, or is about to commit a crime. § 901.151, Fla....
CopyCited 27 times | Published | Florida 2nd District Court of Appeal | 1995 WL 370478
...he police. The trial court found that D.G.'s protests rose to the level of a violation of section
843.02. The state does not argue that the police had a valid basis to perform an investigatory stop of D.G. or to enter his home without a warrant. See §
901.151, .19, Fla....
CopyCited 26 times | Published | Supreme Court of Florida | 35 Fla. L. Weekly Supp. 425, 2010 Fla. LEXIS 1115, 2010 WL 2680254
...Popple,
626 So.2d at 186. The second level is an "investigatory stop," during which an officer "may reasonably detain a citizen temporarily if the officer has reasonable suspicion that a person has committed, is committing, or is about to commit a crime." Id. (citing §
901.151, Fla....
...to inform a suspect of his right to appointed counsel but then deny his request for an attorney). [11] It is established law that an officer may not conduct a frisk without reasonable suspicion that the suspect is armed with a dangerous weapon. See § 901.151(5), Fla....
...icle, but neither objects nor consents to being searched. Obviously, if a citizen voluntarily accepts a ride in a police vehicle but does object to being frisked, the search would be illegal absent reasonable suspicion that the suspect is armed. See § 901.151(5), Fla....
CopyCited 26 times | Published | Supreme Court of Florida
Green flag · Cert Denied by Harris (1991) · 17 positive
...Porter,
361 F.2d 412 (9th Cir.1966), it is equally well recognized that he may not do so arbitrarily or on a bare suspicion that the occupants are violating the law. Kersey v. State,
58 So.2d 155 (Fla. 1952); Gustafson v. State, supra; State v. Ebert,
251 So.2d 38 (Fla.App. 2nd 1971); Wilson v. Porter, supra; see, Fla. Stat. §
901.151(2) (1975)....
CopyCited 25 times | Published | Florida 4th District Court of Appeal
...State,
348 So.2d 410 (Fla. 2d DCA 1977). Although our decision upon the stop is dispositive, we consider it appropriate to discuss the fact that appellant was ordered to turn around and put his hands on the store wall, preparatory to a pat-down search for weapons. Section
901.151(5), Florida Statutes (1977), permits a limited search only when a law enforcement officer "has probable cause to believe that any person whom he has temporarily detained, or is about to detain temporarily, is armed with a dangerous we...
CopyCited 24 times | Published | Florida 5th District Court of Appeal | 2001 WL 303222
Red flag · Overruled by Paff (2004) · 2 negative
...and limited purpose, constitutes a seizure and invokes Fourth Amendment protections. Delaware v. Prouse,
440 U.S. 648,
99 S.Ct. 1391,
59 L.Ed.2d 660 (1979); State v. Jones,
483 So.2d 433 (Fla.1986); Sapp v. State,
763 So.2d 1257 (Fla. 4th DCA 2000). Section
901.151(2), Florida Statutes, provides that a police officer may reasonably detain a citizen temporarily if the officer has a reasonable suspicion that a person has committed, is committing, or is about to commit a crime....
CopyCited 23 times | Published | Florida 1st District Court of Appeal | 1990 WL 57808
Green flag · Adopted by Young (2000) · 1 positive
...ty jail, with credit for time served. The first issue is directed to the denial of appellant's motion to suppress evidence. Both parties recite the appropriate guidelines and authority for determining the propriety of a "stop and frisk," pursuant to section 901.151, Florida Statutes, termed a codification of Terry v....
CopyCited 23 times | Published | Florida 5th District Court of Appeal
Green flag · Review Denied by Castillo-Plaza (1995) · 11 positive
...After the officer noticed a distinctively shaped bulge in appellant's pocket, which appeared to the officer to be a weapon, the officer was warranted in conducting a limited pat down search that revealed a concealed firearm. Therefore, the trial court properly denied the motion to suppress. See § 901.151, Fla....
CopyCited 22 times | Published | Florida 2nd District Court of Appeal | 1992 WL 193001
...REASONABLE SUSPICION TO JUSTIFY A SAFETY-RELATED TRAFFIC STOP In order to effect a valid stop for DUI, the officer need only have a "founded suspicion" of criminal activity. See Terry v. Ohio,
392 U.S. 1,
88 S.Ct. 1868,
20 L.Ed.2d 889 (1968); Piediscalzo v. State,
549 So.2d 255 (Fla. 2d DCA 1989); §
901.151, Fla....
CopyCited 21 times | Published | Florida 3rd District Court of Appeal
Green flag · Upheld by Jones (1987) · 2 positive
...nt brings this appeal. Appellant contends that the trial court erred in denying his motion to suppress evidence because the initial encounter, between the arresting officer and himself, which led to his arrest and search violated the requirements of § 901.151, Fla....
CopyCited 21 times | Published | Florida 2nd District Court of Appeal | 1990 WL 12752
Yellow flag · But See by Huntley (1991) · 1 cautionary
...arrest. We agree with the appellant. Before a law enforcement officer may temporarily detain a person for purposes of investigation, circumstances must reasonably indicate that the person has committed, is committing, or is about to commit a crime. § 901.151, Fla....
CopyCited 21 times | Published | Florida 3rd District Court of Appeal | 1995 WL 497109
Green flag · Review Denied by Whitley (2003) · 7 positive
...y stop. An investigatory stop is authorized when a law enforcement officer "encounters any person under circumstances which reasonably indicate that such person has committed, is committing, or is about to commit a violation of the criminal laws[.]" § 901.151(2), Fla....
CopyCited 20 times | Published | Florida 4th District Court of Appeal | 1988 WL 15446
CopyCited 19 times | Published | Florida 4th District Court of Appeal | 1999 WL 270419
Yellow flag · Distinguished by Fricano (2006) · 1 cautionary, 11 positive
...State,
357 So.2d 410 (Fla.1978)). *1110 To justify a temporary detention of an individual, a law enforcement officer must have a founded suspicion of criminal activity. Moore v. State,
584 So.2d 1122, 1123 (Fla. 4th DCA 1991); State v. Stevens,
354 So.2d 1244 (Fla. 4th DCA 1978); §
901.151, Fla....
CopyCited 19 times | Published | Florida 2nd District Court of Appeal
...Appellant then entered a plea of no contest, reserving the right to appeal the denial of the motion. In order to justify a temporary detention, a police officer must have a "founded" suspicion that the person has committed, is committing, or is about to commit a crime. Section 901.151, Florida Statutes (1981); Kearse v....
CopyCited 18 times | Published | Florida 4th District Court of Appeal
Red flag · Disapproved by Byrd (1980) · 1 negative, 1 cautionary, 1 positive
...llant consented to the search. With regard to the initial stopping of appellant's car the proof adduced at the suppression hearing showed the police did not have the founded suspicion necessary to warrant stopping and detaining appellant pursuant to Section 901.151, Florida Statutes (1975)....
CopyCited 18 times | Published | Florida 1st District Court of Appeal
...in evidence over appellant's objection on the ground it had been obtained by an illegal search and seizure. The trial court based its denial of appellant's motion to suppress the pistol squarely on the recently enacted "Florida Stop and Frisk Law", Section 901.151, Florida Statutes, F.S.A....
...The officer having next arrived asked appellant what he had in his pocket and then, without awaiting an answer, felt the outside of the pocket and, noting the sharpness of the object, put his hand in the pocket and found the pistol. Though recognizing the provisions of Section 901.151, Florida Statutes, F.S.A., appellant contends that what the officer observed was insufficient to give him probable cause to believe that the appellant was armed with a dangerous weapon. This contention was correctly rejected by the trial court. The court below properly held that the officer making the "frisk" acted within the scope of the authority of Section 901.151 as a reasonably trained law enforcement officer would act under the same circumstances in the same area; and, therefore, he did have probable cause to believe that the subject might be armed with a dangerous weapon, thereby threatening the safety of the officer and other persons....
CopyCited 18 times | Published | Supreme Court of Florida | 2012 Fla. LEXIS 2546, 2012 WL 6049585
Yellow flag · Limited by Suiter (2025) · 5 cautionary, 3 positive
...Ohio,
392 U.S. 1 ,
88 S.Ct. 1868 ,
20 L.Ed.2d 889 (1968). At this level, a police officer may reasonably detain a citizen temporarily if the officer has a reasonable suspicion that a person has committed, is committing, or is about to commit a crime. §
901.151 Fla....
CopyCited 18 times | Published | Supreme Court of Florida | 10 Fla. L. Weekly 192
Green flag · Review Denied by Dewberry (2005) · 1 positive
...On appeal the district court reversed the denial of the motion to suppress on the ground that the search violated the provisions of the fourth amendment, United States Constitution and article I, section 12 of the Florida Constitution. In doing so, the district court concluded that the Florida Stop and Frisk Law, section 901.151, Florida Statutes (1981), was not applicable to cars, only persons, and was certainly not applicable here because there was no probable cause to believe that either occupant had a weapon, and that "[f]urtive stuffing of unknown objects under the seat of a car may make one, curious or even suspicious ......
CopyCited 17 times | Published | Supreme Court of Florida | 2004 WL 2534352
Yellow flag · Distinguished by Gentles (2010) · 2 cautionary, 1 positive
...Ohio,
392 U.S. 1,
88 S.Ct. 1868,
20 L.Ed.2d 889 (1968). At this level, a police officer may reasonably detain a citizen temporarily if the officer has a reasonable suspicion that a person has committed, is committing, or is about to commit a crime. §
901.151, Fla....
CopyCited 17 times | Published | Florida 2nd District Court of Appeal | 2002 WL 851744
...Parsons was not free to leave and the officer's encounter became an investigatory stop. To justify an investigatory stop, a police officer must have a well-founded suspicion that the person has committed, is committing, or is about to commit a crime. § 901.151(2), Fla....
CopyCited 17 times | Published | Supreme Court of Florida | 1992 WL 158
Yellow flag · Distinguished by Grant (1992) · 1 cautionary, 1 positive
...ld have been suppressed. We address first the legality of Anderson's detention. Police officers may temporarily detain a person upon circumstances which reasonably indicate that the person has committed, is committing, or is about to commit a crime. § 901.151, Fla....
CopyCited 17 times | Published | Florida 5th District Court of Appeal | 20 Fla. L. Weekly Fed. D 1942
Red flag · No Longer Good Law by Busciglio (2008) · 2 negative, 1 positive
...REVERSED in part; AFFIRMED in part; and REMANDED. COBB and W. SHARP, JJ., concur. NOTES [1] The Florida Supreme Court recently addressed the propriety of roadside tests under a similar factual scenario in State v. Taylor,
648 So.2d 701 (Fla. 1995) and held: "The officer was entitled under section
901.151 to conduct a reasonable inquiry to confirm or deny that probable cause existed to make an arrest....
CopyCited 16 times | Published | Florida 2nd District Court of Appeal
Red flag · Disapproved by Jacobson (1985) · 1 negative, 1 cautionary, 1 positive
...Without more, the fact that appellant was walking along a main public thoroughfare at 3:00 A.M. and turned to look at a police car is an insufficient basis to justify a stop under Terry v. Ohio, 1968,
392 U.S. 1,
88 S.Ct. 1868,
20 L.Ed.2d 889, or Florida's Stop and Frisk Law, Fla. Stat. §
901.151....
CopyCited 16 times | Published | Florida 2nd District Court of Appeal
Green flag · Cert Denied by Smalls (1991) · 6 positive
...While we have some question about the right of the officers to stop appellant in the first place, we will assume for the purposes of this opinion that the stop was proper because there is another more compelling reason for finding the seizure to be improper. Section 901.151, Florida Statutes (1975) is based on the holding in Terry v....
CopyCited 16 times | Published | Florida 2nd District Court of Appeal
...weapon. He removed the object, and, his suspicions being confirmed, placed appellant under arrest. We reject appellant's first argument that the officers had no right to search him for any purpose. There was ample basis under the stop and frisk law, Section 901.151, Florida Statutes (1979), for the officers to conduct a limited search to determine whether appellant was carrying a weapon....
...apons when there was no probable cause for arrest. In quashing the search in Meeks, we said: *729 Our reading of the Terry decision and cases from other jurisdictions which have interpreted Terry leads us to believe that the language we have quoted [Section 901.151(5)] means that an officer in a stop and frisk situation may not extend his search beyond a pat down of a suspect's outer clothing unless that pat down or other circumstances leads the officer to conclude that the suspect has a weapon on his person....
...encounters contraband during a legal stop and frisk he should be able to seize it and make an arrest on the premise that he has become aware that the suspect is committing the crime of possession of contraband in his presence. Moreover, we note that Section 901.151(5), which outlines the circumstances under which an officer may make a search for weapons, concludes with the statement that if "such a search discloses such a weapon or any evidence of a criminal offense it may be seized." (Emphasis...
...ficers to search for contraband with less than probable cause on the ostensible premise of looking for weapons. Be that as it may, we have decided to adhere to our decision in Meeks. *730 This leaves us to consider the effect of the last sentence of Section 901.151(5)....
CopyCited 16 times | Published | Florida 2nd District Court of Appeal
...A valid investigatory stop of a vehicle must be predicated on "a founded or reasonable suspicion which requires further investigation" to determine whether its occupants have committed, are committing, or are about to commit a crime. Lewis v. State,
337 So.2d 1031, 1032 (Fla. 2d DCA 1976); Section
901.151, Florida Statutes (1975)....
CopyCited 16 times | Published | Florida 1st District Court of Appeal | 15 Fla. L. Weekly Fed. D 1834
...t the case at bar involves an illegal stop rather than a lawful encounter. I. Under Florida law, police officers must have a founded suspicion to justify detaining a person suspected of having committed, committing, or being about to commit a crime. § 901.151(2), Fla....
CopyCited 16 times | Published | Florida 4th District Court of Appeal
Green flag · Cert Denied by Reyes (1996) · 2 positive
...When she opened her pocketbook to provide same, the officer then made a plain view seizure of a supposed "nickel bag" which he preliminarily determined to be marijuana after inspecting its contents. He thereupon placed the appellant under arrest. We have repeatedly written on Florida's "stop and frisk" law, Section 901.151, Florida Statutes (1977) and would normally see no reason for yet another opinion....
CopyCited 16 times | Published | Florida 1st District Court of Appeal | 1988 WL 138490
...Moreover, the bags had not been observed on the ground when the officers first approached the car. The initial stop was correctly validated as a legitimate traffic stop. In addition, we have no difficulty sustaining the stop of the vehicle pursuant to the Stop and Frisk Law, Section 901.151(2), Florida Statutes (1987), which permits a law enforcement officer to stop and temporarily detain a person when circumstances indicate that such person has committed, is committing, or is about to commit a violation of the criminal laws of the state....
...r. A lawful stop does not of its own force, however, validate a frisk. The routine stopping of a vehicle for a traffic citation does not give rise to any reason or authorization for a search. State v. Gustafson,
258 So.2d 1, 3 (Fla. 1972). Moreover, Section
901.151(5) permits a law enforcement officer to conduct a search of the person whom he has temporarily detained only to the extent necessary to disclose the presence of a weapon when the officer has probable cause to believe the person is armed and dangerous....
...safety. In fact, Watzlawick testified that he patted appellant down to see if he was dangerous. See Chauncey v. State,
382 So.2d 782 (Fla. 4th DCA 1980) (seizure of cocaine resulting from pat-down search of passenger in automobile was illegal under section
901.151 because officer had no reason to believe the passenger was armed when he stopped the car for a tail-light violation, after having observed the car passing him with its dome light on and the three occupants huddled together as if *120 searching for something); Kearse v....
CopyCited 16 times | Published | Florida 2nd District Court of Appeal | 1998 WL 518502
Green flag · Review Denied by Q.J.M. (2000) · 1 positive
...the very general description of the car and the early morning hour together yield only a mere suspicion. The requirement that a founded reasonable suspicion must pertain to anticipated or suspected criminal activity cannot be met under these facts. § 901.151, Fla....
CopyCited 15 times | Published | Florida 5th District Court of Appeal | 1994 WL 169964
Green flag · Review Denied by R.R. (1998) · 6 positive
...The initial stop of Paul's vehicle was based upon a founded suspicion that a crime may have been committed or about to be committed. It was an investigatory stop permissible under federal and state law. See Terry v. State of Ohio,
392 U.S. 1,
88 S.Ct. 1868,
20 L.Ed.2d 889 (1968); §
901.151, Fla....
CopyCited 15 times | Published | Florida 2nd District Court of Appeal
...uests for identification. Nevertheless, the court's function is to determine whether there was a lawful basis for appellant's arrest. While it is permissible for a police officer to detain an individual under Florida's Stop and Frisk Law, Fla. Stat. § 901.151, we are unaware of any requirement of law for an individual citizen to disclose his identity under the factual situation sub judice....
CopyCited 15 times | Published | Florida 2nd District Court of Appeal | 1989 WL 61106
...detain him. We agree and reverse his conviction for possession of cocaine. A law enforcement officer may temporarily detain a person if the officer has a founded suspicion that the person has committed, is committing, or is about to commit a crime. § 901.151, Fla....
CopyCited 15 times | Published | Florida 5th District Court of Appeal | 2005 WL 1488577
...Dewberry reserved his right to appeal the denial of his motion to suppress, and the State agreed the issue was dispositive. The issue that we are called upon to resolve is whether the officer who conducted the pat-down search of Dewberry had probable cause to search Dewberry based on section 901.151(5), Florida Statutes (2003)....
...The Florida Stop and Frisk Law allows an officer, who has validly stopped an individual, to search the individual only if the officer has probable cause to believe that the individual is armed with a dangerous weapon and poses a threat to the officer or any other person. §
901.151(5), Fla. Stat. (2003). The meaning of "probable cause" in this statute is not the same as the stricter "probable cause" standard to justify a search warrant or an arrest. See State v. Burns,
698 So.2d 1282 (Fla. 5th DCA 1997). As used in section
901.151(5), "probable cause" means reasonable belief or suspicion. State v. Webb,
398 So.2d 820 (Fla.1981) (stating that the probable cause standard adopted in section
901.151(5) means reasonable suspicion); Sutton v....
CopyCited 15 times | Published | Florida 2nd District Court of Appeal
...The court placed him on probation for three years, and this appeal ensued. In order to stop an automobile and to request identification from its occupants, it is not necessary for the police to have probable cause. Rather, the police are governed in this respect by section 901.151, Florida Statutes (1981), and Terry v....
...r investigation. The circumstances must reasonably indicate that the occupants of the vehicle have committed, are committing, or are about to commit a crime. Lewis v. State,
337 So.2d 1031 (Fla. 2d DCA 1976), cert. denied,
345 So.2d 427 (Fla. 1977); §
901.151(2), Fla....
CopyCited 15 times | Published | Florida 2nd District Court of Appeal | 1991 WL 24849
Green flag · Adopted by Frazier (2001) · 4 positive
...We add that the seizure of the cocaine cannot be justified as a search incident to arrest, because the detention was not supported by facts sufficient to establish probable cause for an arrest. Reversed and remanded. SCHEB, A.C.J., and PARKER, J., concur. NOTES [1] §
893.13(1)(f), Fla. Stat. (1987). [2] §
901.151, Fla....
CopyCited 15 times | Published | Florida 4th District Court of Appeal | 2002 WL 31757481
...ther appellant was lawfully detained at the time. To detain a person for investigation, an officer must have a reasonable suspicion, based on objective, articulable facts, that the person has committed, is committing, or is about to commit a crime." § 901.151(2), Fla....
CopyCited 14 times | Published | Florida 3rd District Court of Appeal | 1999 WL 1062502
Green flag · Review Denied by Allen (2008) · 1 positive
...The trial court heard evidence on the defendant's motion to suppress, and denied the motion. The court concluded that under the totality of the circumstances, the police officer had a founded suspicion that criminal activity was afoot, and that an investigatory stop was justified. See § 901.151, Fla. Stat. (1997). We entirely agree. The question is whether the police officer had a reasonable suspicion a crime had been, was being, or was about to be, committed. See § 901.151(2), Fla....
...the scene were sufficient to give rise to a reasonable suspicion that Hernandez had committed, was committing, or was about to commit a violation of the criminal laws of this state or the criminal ordinances of any municipality or county pursuant to section 901.151(2), Florida Statutes (1997)....
...Royer,
460 U.S. 491, 502,
103 S.Ct. 1319,
75 L.Ed.2d 229 (1983); Terry v. Ohio,
392 U.S. 1, 21-22,
88 S.Ct. 1868,
20 L.Ed.2d 889 (1968); Sibron v. New York,
392 U.S. 40, 62,
88 S.Ct. 1889,
20 L.Ed.2d 917 (1968); Popple v. State,
626 So.2d 185, 186 (Fla.1993); §
901.151, Fla....
CopyCited 14 times | Published | Florida 1st District Court of Appeal | 1994 WL 201553
...An officer may detain a citizen temporarily if the officer reasonably suspects that the person has committed, is committing, or is about to commit, a crime. Mere suspicion is not enough to support a detention; rather, the officer must be able to articulate a well-founded suspicion of criminal activity. § 901.151, Fla....
CopyCited 14 times | Published | Florida 4th District Court of Appeal | 1989 WL 6238
...h crime area, to serve as a factual basis to detain the defendant or search for a weapon. Nor were there any exigent or unusual circumstances which would justify the officer's actions. The detention and search did not rise to the level authorized by section 901.151, Florida Statutes, or Terry v....
CopyCited 14 times | Published | Florida 1st District Court of Appeal | 1992 WL 362197
Green flag · Review Denied by Pritchett (1996) · 1 positive
...ockets and to turn around was a directive that Appellant was not free to disregard. See Dees v. State,
564 So.2d 1166, 1168 (Fla. 1st DCA 1990). To justify such a seizure, a law enforcement officer must have a founded suspicion of criminal activity. Section
901.151, Florida Statutes (1989); Terry....
...3d DCA 1984) (rapid succession of transactions involving exchange of cash and unseen item in plastic bag). The initial stop cannot be justified by Officer Bates' observation, after the illegal detention, of a bulge in the rear pants pocket. Daniels. Section 901.151(5), Florida Statutes (1989), provides that if the officer has probable cause to believe the detainee is armed with a dangerous weapon, a search can be conducted to the extent necessary to disclose the presence of the weapon....
CopyCited 13 times | Published | Supreme Court of Florida | 2017 WL 4296212
...to arresting an individual suspected of killing or causing bodily harm to another (or
attempting to do so). The law is clear that we expect officers to temporarily detain
a person encountered under circumstances creating a reasonable suspicion of
criminal activity. § 901.151, Fla....
CopyCited 13 times | Published | Florida 3rd District Court of Appeal
Green flag · Cert Denied by Furr (1998) · 6 positive
...lusions. Brenner v. State,
337 So.2d 1007 (Fla.3d DCA 1976). While we agree with the trial court's finding of no probable cause, we do not agree with the contentions of the State that the concepts of founded suspicion and the stop and frisk statute, Section
901.151, Florida Statutes (1977), apply to a municipal officer outside his jurisdiction and not in "hot pursuit"....
CopyCited 13 times | Published | Florida 5th District Court of Appeal
...Ohio,
392 U.S. 1,
88 S. Ct. 1868,
20 L.Ed. 2d 889 (1968). At this level, a police officer may reasonably detain a citizen temporarily if the officer has a reasonable suspicion that a person has committed, is committing, or is about to commit a crime. §
901.151, Fla....
CopyCited 13 times | Published | Florida 5th District Court of Appeal
Red flag · Superseded (2019) · 1 negative
...oom, they had a right to frisk appellants for their own safety and appellants are being charged with carrying the weapons found in the frisk, not for anything else that might have been found in the room as a result of the illegal entries, relying on section 901.151, Florida Statutes (1976) and Terry v....
CopyCited 13 times | Published | Florida 5th District Court of Appeal | 1995 WL 316335
...icer to require that the purse be left in the car because it may contain weapons. United States v. Cortez,
449 U.S. 411, 417-18,
101 S.Ct. 690, 694-95,
66 L.Ed.2d 621 (1981); Terry v. Ohio,
392 U.S. 1, 30,
88 S.Ct. 1868, 1884,
20 L.Ed.2d 889 (1968); §
901.151(5), Fla....
CopyCited 13 times | Published | Florida 2nd District Court of Appeal
Yellow flag · But See by Tamer (1985) · 1 cautionary
...Based upon the skeletal factual picture drawn by counsel for both sides below, we are compelled to agree. It is settled that, in order to justify a temporary detention, a police officer must have a "founded" suspicion that the person has committed, is committing, or is about to commit a crime. Section 901.151, Florida Statutes (1981); Kearse v....
CopyCited 13 times | Published | Florida 4th District Court of Appeal
...ecause he failed to establish standing. Before an officer can stop an individual, he must have a founded suspicion that the individual has committed, is committing, or is about to commit a crime. State v. Stevens,
354 So.2d 1244 (Fla. 4th DCA 1978); §
901.151(2), Fla....
CopyCited 13 times | Published | Florida 5th District Court of Appeal | 1988 WL 26124
...herefore was dispositive of the case. We reverse. The admissibility of the cocaine and weapons in this case turns on whether the warrantless stop and forcible detention of Bastien was legally justified and permissible under the "stop and frisk" law, section 901.151, Florida Statutes. To justify such a stop and detention, a law enforcement officer must have a "founded suspicion" based upon factual observations in light of his knowledge and experience that the person has committed, is committing, or is about to commit a crime. § 901.151, Fla....
...ed alone or combined with Bastien's attempted flight and the location of the bar in a high crime area, can not justify the officers' actions. [3] *552 We hold that the stop, detention, and search of Bastien was improper under Terry, its progeny, and section 901.151, Florida Statutes....
CopyCited 13 times | Published | Florida 5th District Court of Appeal
...1684,
6 L.Ed.2d 1081 (1961), and both the Florida and federal provisions have been construed as providing identical protection. State v. Hetland,
366 So.2d 831 (Fla. 2d DCA 1979), affirmed,
387 So.2d 963 (Fla. 1980) (adopting opinion of the district court of appeal). Additionally, Florida's stop and frisk statute, §
901.151, Fla. Stat. (1979), has been interpreted as imposing these same constitutional standards. State v. Hetland . Section
901.151 provides, in part: Whenever any law enforcement officer of this state encounters any person under circumstances which reasonably indicate that such person has committed, is committing, or is about to commit a violation of the criminal...
CopyCited 13 times | Published | Florida 1st District Court of Appeal | 2006 WL 2432809
...See Hines,
737 So.2d at 1184. A stop and/or brief detention of a person for investigatory purposes is permissible if an officer has a well-founded suspicion (supported by articulable facts) of criminal activity, even if the officer lacks probable cause. See §
901.151(2), Fla....
CopyCited 12 times | Published | Florida 1st District Court of Appeal | 2000 WL 1369882
...State,
524 So.2d 988 (Fla.1988). The question before us is whether, at the time the officers asked Gandy and his passenger to exit their vehicle, the officers had a well founded reasonable suspicion that Gandy committed, was committing, or was about to commit a crime. §
901.151, Fla....
CopyCited 12 times | Published | Florida 2nd District Court of Appeal | 10 Fla. L. Weekly 2191
...ividuals under certain circumstances is appropriate. Before an officer may stop and temporarily detain an individual, the officer must have a well-founded suspicion that the person stopped has committed, is committing, or is about to commit a crime. § 901.151(2), Fla....
CopyCited 12 times | Published | Florida 5th District Court of Appeal | 1990 WL 183822
...opping appellant. The law states that a police officer may temporarily detain a person for the purpose of ascertaining his or her identity if the officer believes that the person has committed, is committing or is about to commit a criminal offense. § 901.151(2), Fla....
...e circumstances of this case was justified. It is well established that an officer may only frisk or pat down an individual incident to an investigatory stop when he has probable cause to believe that the individual is armed with a dangerous weapon. § 901.151(5), Fla....
CopyCited 12 times | Published | Florida 2nd District Court of Appeal
...Though he has not pursued the matter on appeal, appellant did argue to the trial court that it should suppress the marijuana as the "fruit of the poisonous tree." There is no merit in that contention. The police had sufficient articulable suspicions to stop appellant for questioning pursuant to Section 901.151, Florida Statutes (1979), and the rationale of Terry v....
CopyCited 12 times | Published | Florida 5th District Court of Appeal | 12 Fla. L. Weekly 1184
Green flag · Review Denied by Rodriguez (2005) · 1 positive
...Even in the absence of probable cause for such an arrest prior to the stop, an officer can stop a driver based upon a founded suspicion that he is driving while under the influence. Thereafter, investigation may establish probable cause for arrest. See § 901.151, Fla....
CopyCited 12 times | Published | Florida 4th District Court of Appeal
Green flag · Cert Denied (1984) · 2 positive
...Madorsky, Asst. Atty. Gen., West Palm Beach, for appellee. WALDEN, Chief Judge. Defendant pleaded nolo contendere to possession of marijuana, reserving his right to appeal the denial of his motion to dismiss. We reverse. The Stop and Frisk Statute, Fla. Stat. § 901.151(2) (1975), provides there must be circumstances which reasonably indicate to the policeman that a person has committed, is committing, or is going to commit a crime....
CopyCited 12 times | Published | Florida 4th District Court of Appeal
Green flag · Followed by Gennari (1984) · 1 positive
...lawful detention." We respectfully disagree. The search of the defendant's person was not incident to a lawful arrest, because at the time of the search defendant had not been arrested. The defendant was however "lawfully detained" under Fla. Stat. § 901.151 (1975), which allows law enforcement officers to detain temporarily any person under circumstances which reasonably indicate that such person has committed, is committing, or is about to commit a violation of the criminal laws....
...This was sufficient to justify temporarily detaining the defendant for the purpose of ascertaining his identity and investigating the circumstances surrounding his presence in the bar which led the officers to believe that he had committed a crime. But detention authorized by § 901.151 is limited and is not the same as an arrest....
...A person may be temporarily detained no longer than is reasonably necessary to effect the purposes of the detention and such temporary detention may not extend beyond the place where it was first effected or the immediate vicinity thereof. Fla. Stat. § 901.151(3) (1975)....
...If during the temporary detention, probable cause for arrest of the person shall appear, the person may be arrested; however, if after inquiry into the circumstances which prompted the temporary detention no probable cause for the arrest of the person shall appear, he must be released. Fla. Stat. § 901.151(4) (1975)....
...A very limited right of search is allowed if the law enforcement officer has probable cause to believe that the person temporarily detained, or about to be detained, is armed with a dangerous weapon and therefore offers a threat to the safety of the officer or any other person. Fla. Stat. § 901.151(5) (1975)....
...In such circumstances the officer may search the person temporarily detained only to the extent necessary to disclose, and for the purpose of disclosing, the presence of such weapon. If such search discloses a weapon or any evidence of a criminal offense it may be seized. Fla. Stat. § 901.151(5) (1975). But no evidence seized is admissible, unless the search which disclosed its existence was only to the extent necessary to disclose, and for the purpose of disclosing, the presence of a dangerous weapon. Fla. Stat. § 901.151(6) (1975)....
...Except for the arrest defendant would not have been *674 placed in the police car. The marijuana from the police car, obtained as a direct result of the illegal arrest, is also inadmissible. Affirmed. MAGER, C.J., and WALDEN, J., concur. NOTES [1] Fla. Stat. § 901.151 (1975)....
CopyCited 12 times | Published | Florida 2nd District Court of Appeal
...s committing, or is about to commit a crime. Freeman v. State,
433 So.2d 9 (Fla. 2d DCA 1983); R.B. v. State,
429 So.2d 815 (Fla. 2d DCA 1983); Kearse v. State,
384 So.2d 272 (Fla. 4th DCA 1980); State v. Stevens,
354 So.2d 1244 (Fla. 4th DCA 1978); §
901.151, Fla....
CopyCited 12 times | Published | Florida 2nd District Court of Appeal | 1989 WL 194
...Before an officer may "detain" an individual he must have a well founded suspicion that the individual has committed, is committing, or is about to commit a violation of the criminal laws of this state or the criminal ordinances of any municipality or county. § 901.151, Fla....
CopyCited 12 times | Published | Florida 2nd District Court of Appeal | 1992 WL 9703
...1st DCA 1990). In order to justify a temporary detention of a person, there must be a founded suspicion in the mind of the officer that the person has committed, is committing, or is about to commit a crime. Wilson v. State,
433 So.2d 1301 (Fla. 2d DCA 1983); §
901.151, Fla....
CopyCited 12 times | Published | Florida 3rd District Court of Appeal
...If so, then the motion to suppress should be granted; if the suitcase was not seized prior to Dewey's sniff, then the motion should be denied. It is so ordered. NOTES [1] Fla.R.App.P. 9.140(c)(1)(B). [2] Terry v. Ohio,
392 U.S. 1,
88 S.Ct. 1868,
20 L.Ed.2d 889 (1968). [3] See §
901.151, Fla....
CopyCited 12 times | Published | Florida 4th District Court of Appeal | 1988 WL 84055
Green flag · Approved by Clemons (1999) · 4 positive
...We hold the observations made by the officer, even in the light of his experience and knowledge, were insufficient to *826 constitute a founded suspicion that appellant had committed, was committing, or was about to commit a crime justifying a stop under section 901.151, Florida Statutes....
CopyCited 11 times | Published | Florida 1st District Court of Appeal | 1988 WL 100555
...Adjudication of guilt was withheld and appellant was placed on two years' probation, with the condition that he forfeit the gun and pay court costs of $235.50. The issue in this case turns on whether the stop and search of appellant was justified and permissible under the "stop and frisk" law, § 901.151, Fla....
...To justify such a stop and detention, a law enforcement officer must have a "founded *1030 suspicion" based upon factual observations in light of his knowledge and experience that the person has committed, is committing, or is about to commit a crime. § 901.151; Terry v....
CopyCited 11 times | Published | Florida 3rd District Court of Appeal | 1996 WL 625591
Green flag · Review Denied by RA (1999) · 4 positive
..."An investigatory stop is permissible under the Fourth Amendment if supported by reasonable suspicion...." Ornelas v. United States, ___ U.S. ___, ___,
116 S.Ct. 1657, 1660,
134 L.Ed. 2d 911, 917 (1996) (citing Terry v. Ohio,
392 U.S. 1,
88 S.Ct. 1868,
20 L.Ed.2d 889 (1968)); see also §
901.151, Fla....
CopyCited 11 times | Published | Florida 4th District Court of Appeal | 2001 WL 543215
Yellow flag · Distinguished (2010) · 1 cautionary
...1868,
20 L.Ed.2d 889 (1968). Popple,
626 So.2d at 186. At this level, a police officer may reasonably detain a citizen temporarily if the officer has a reasonable suspicion that a person has committed, is committing, or is about to commit a crime. Sec.
901.151 Fla....
...Popple,
626 So.2d at 186 (citation omitted). [2] It is clear that a pat down is authorized when an officer has made an investigatory stop and the officer has probable cause to believe that the person stopped is armed with a dangerous weapon. See Terry,
392 U.S. at 30-31,
88 S.Ct. 1868; §
901.151, Fla. Stat. (2000). Both Terry and section
901.151(5) authorize a pat down during such a temporary detention....
...dangerous, without any indication at the inception of the encounter that the citizen "has committed, [was] committing, or [was] about to commit a violation of the criminal laws of this state or the criminal ordinances of any municipality or county." § 901.151(2), Fla....
...The unspoken assumption in Brown is that the defendant was carrying a concealed weapon without a license, a criminal violation under section
790.01, Florida Statutes (2000). A reasonable belief that a person is committing such a weapons violation authorizes a temporary detention under the stop and frisk law. See §
901.151(2), Fla....
CopyCited 11 times | Published | Florida 2nd District Court of Appeal | 1990 WL 66190
...tain him based upon the mere suspicion that appellant was lying to them. A frisk or patdown incident to an investigatory stop may be conducted only where the officer has probable cause to believe the person detained is armed with a dangerous weapon. § 901.151, Fla....
CopyCited 11 times | Published | Florida 4th District Court of Appeal | 2001 WL 686507
...r's belief that appellant was untruthful about his reasons for being in the area. To stop and detain a person for investigation, an officer must have a reasonable suspicion that the person has committed, is committing, or is about to commit a crime. § 901.151(2), Fla....
CopyCited 11 times | Published | Florida 2nd District Court of Appeal | 1999 WL 391303
...Smith, perspiring and nervous, watched as the driver was arrested does not give rise to a reasonable suspicion that he carried a weapon. The patdown of Mr. Smith violates the principles enunciated in Terry v. Ohio,
392 U.S. 1,
88 S.Ct. 1868,
20 L.Ed.2d 889 (1968), and section
901.151(5), Florida Statutes (1997)....
CopyCited 11 times | Published | Florida 4th District Court of Appeal | 1991 WL 2734
Yellow flag · Distinguished by Lopez (2017) · 3 cautionary, 1 positive
...Under the circumstances that existed at the time of the encounter, the officers' fears for their safety were warranted since each reasonably believed that the bulge in appellant's pants might be a weapon. See Graham,
495 So.2d at 854. The last sentence of section
901.151(5), Florida Statutes (1987), reads: If [a stop and frisk] search discloses such a weapon or any evidence of a criminal offense it may be seized....
...Finally, the evidence thus collected must be seen and weighed not in terms of library analysis by scholars, but as understood by those versed in the field of law enforcement.' (citation omitted). Such probable cause gave the deputy the right to seize the cocaine rocks as evidence of a criminal offense. See § 901.151(5), Fla....
CopyCited 11 times | Published | Florida 2nd District Court of Appeal | 10 Fla. L. Weekly 212
...Once the police officers arrived at the front door pursuant to the neighborhood complaint and observed the juveniles jumping up and running toward the back door, giving rise to the inference that the juveniles were eluding the officers and perhaps adding credence to the complaint, they were authorized, pursuant to section 901.151(2), Florida Statutes (1983), [1] to pursue the appellant in an attempt to temporarily detain her because the circumstances reasonably indicated that the juveniles were involved in criminal activity....
...Believing this situation required immediate action, the officers proceeded around the property to question the juveniles. Since the officers acted under the exigent circumstances, their presence in the side yard was justified. Therefore, under the authority of section 901.151(2), Florida Statutes (1983), and our finding of exigent circumstances, we find that the officers were lawfully in the side yard of appellant's home....
...Being lawfully in the side yard of appellant's home, the officers' observation and subsequent seizure of the marijuana plant in plain view was proper. See Guin v. City of Riviera Beach,
388 So.2d 604 (Fla. 4th DCA 1980). Accordingly, we affirm. RYDER, C.J., and OTT and CAMPBELL, JJ., concur. NOTES [1] Section
901.151(2), Florida Statutes (1983), reads in full: (2) Whenever any law enforcement officer of this state encounters any person under circumstances which reasonably indicate that such person has committed, is committing, or is about to commi...
CopyCited 11 times | Published | Florida 1st District Court of Appeal | 1999 WL 1112291
...which the citizen may voluntarily comply with the officer's request or choose to ignore it, from investigatory stops, which require the officer to have a well-founded, articulable suspicion of criminal activity before detaining the citizen). And see § 901.151, Fla....
...er). Based on the show of authority by Bates' use of the flashing blue lights, the encounter constituted an investigatory stop. Because Bates admitted he did not have the requisite reasonable suspicion of criminal activity, he lacked authority under section 901.151, Florida Statutes (1997), to stop appellants....
CopyCited 11 times | Published | Florida 2nd District Court of Appeal
Green flag · Cert Denied by White (1984) · 1 positive
...The fact that the officer knew that marijuana was commonly carried in plastic bags gave rise to, at most, a mere suspicion that the bag appellant was seen putting into his pocket contained marijuana. Although the circumstances arguably supported a temporary detention of appellant allowed by Section 901.151, Florida Statutes (1975), the officer's actions thereafter were not constitutionally permissible....
CopyCited 11 times | Published | Florida 4th District Court of Appeal
Green flag · Affirmed by Gallo (1973) · 1 positive
...This argument would be persuasive had the tangible evidence been produced through means of a search. Cf. Kraemer v. State, Fla. 1952,
60 So.2d 615. *174 Although the state devotes a substantial portion of its brief to the argument that the officer was authorized to stop and interrogate appellant by virtue of Section
901.151, F.S....
CopyCited 10 times | Published | Florida 1st District Court of Appeal | 1988 WL 112288
Green flag · Review Denied (1991) · 1 positive
...ain view on the porch. The three men were searched and another cocaine rock and pipe were discovered on McNeil. The police stated they believed they had a founded suspicion to stop and "pat down" search the suspects under the stop and frisk statute, section 901.151, Florida Statutes (1985)....
CopyCited 10 times | Published | Florida 4th District Court of Appeal | 2000 WL 1671863
...ns were armed. Both the Florida Stop and Frisk Law and case law provide that police officers are authorized to execute a pat-down for weapons only where they have a reasonable suspicion to believe that a suspect is armed with a dangerous weapon. See §
901.151(5), Fla. Stat. (1999); State v. Webb,
398 So.2d 820, 825 (Fla.1981) (holding that although section
901.151(5) uses the term "probable cause," the legislature intended to adopt the federal standard for a stop and frisk, not a stricter standard)....
...The state claims that the officer was justified in retrieving contraband from Campuzano based on the "plain feel" exception. The *1244 state also notes that the Stop and Frisk Law allows a police officer to seize "evidence of a criminal offense" disclosed by a proper search for weapons. See § 901.151(5), Fla....
CopyCited 10 times | Published | Florida 1st District Court of Appeal | 1989 WL 135517
...th and McMillan Streets. The trial court denied appellant's motion to suppress without comment. Appellant was then adjudicated delinquent and sentenced to community control. A, police officer may temporarily stop and detain an individual pursuant to section 901.151, Florida Statutes, only where he has a founded suspicion of criminal activity....
...State,
537 So.2d 1080 (Fla. 1st DCA 1989). Neither the initial detention nor the subsequent pat-down search of the appellant in the instant case were valid. First, an anonymous tip may provide the basis for a founded suspicion and, therefore, support a detention under section
901.151....
CopyCited 10 times | Published | Florida 5th District Court of Appeal | 1994 WL 600792
...trial court, we conclude that the court meant a Terry [5] pat-down search for weapons. See, e.g., State v. Brown,
616 So.2d 124 (Fla. 2d DCA 1993) (under the totality of the circumstances, the officer had a founded suspicion to conduct a stop under section
901.151 and ask the defendant to put his hands on the police car when it appeared to the officer that the defendant was acting "froggy" or nervous); see also §
901.151, Fla.Stat (1991)....
CopyCited 10 times | Published | Florida 2nd District Court of Appeal
...A jury subsequently found Codie guilty of carrying a concealed firearm. The trial judge placed him on probation for five years with a condition that he serve fifteen days in jail. He also ordered him to pay a $2,000 fine. This appeal ensued. Our "stop and frisk" law, Florida Statute 901.151(2) (1979), provides: Whenever any law enforcement officer of this state encounters any person under circumstances which reasonably indicate that such a person has committed, is committing, or is about to commit a violation of the criminal law...
CopyCited 10 times | Published | Florida 1st District Court of Appeal | 1992 WL 98715
...e denial of his motion. Adjudication of guilt was withheld and he was placed on probation for one year. The issue presented is whether a temporary stop for a civil traffic violation will, under the circumstances at bar, justify a weapons frisk under Section 901.151, Florida Statutes (1989)....
CopyCited 10 times | Published | Florida 2nd District Court of Appeal
Green flag · Review Denied by Carroll (1994) · 7 positive
...We think that to say that the initial stop was an arrest involves an incorrect assessment of the evidence. When the officers first pulled appellees over, they did nothing which went beyond the scope of a temporary stop and detention as defined in Terry v. Ohio,
392 U.S. 1,
88 S.Ct. 1868,
20 L.Ed.2d 889 (1968), or section
901.151, Florida Statutes (1979)....
CopyCited 10 times | Published | Florida 4th District Court of Appeal | 2003 WL 21749539
...Following a stop, "police officers are authorized to execute a pat-down for weapons only where they have a reasonable suspicion to believe that a suspect is armed with a dangerous weapon." Campuzano v. State,
771 So.2d 1238, 1243 (Fla. 4th DCA 2000); see also §
901.151(5), Fla....
CopyCited 10 times | Published | Florida 2nd District Court of Appeal | 1992 WL 174154
...See §
901.15, Fla. Stat. (1991). An officer, however, has broader authority to temporarily detain a person in order to investigate a reported misdemeanor and to determine whether a notice to appear should be issued. See Fla.R.Crim.P. 3.124. Pursuant to section
901.151(2), Florida Statutes (1991), an officer may temporarily detain a person "under circumstances which reasonably indicate that such person has committed ... a violation of the criminal laws of this state or the criminal ordinances of any municipality or county." Since violations of county ordinances are typically misdemeanors, it is clear that section
901.151 is intended to permit temporary stops to investigate reported misdemeanors as well as felonies. See §
125.69(1), Fla. Stat. (1991). Thus, the deputy was statutorily authorized to make this stop to ascertain the identity of the driver and the "circumstances of his presence abroad." §
901.151(1), Fla. Stat. (1991). We do not rule out the possibility that the language of section
901.151 might seem to permit a stop for some minor offense when that stop would offend article I, section 12, of the Florida Constitution and the fourth amendment of the United States Constitution. See State v. Hetland,
366 So.2d 831 (Fla. 2d DCA 1979) approved,
387 So.2d 963 (Fla. 1980) (section
901.151 is not intended and does not impose a standard different from that under the fourth amendment)....
CopyCited 10 times | Published | Florida 3rd District Court of Appeal
Green flag · Cert Denied by Doyle (1993) · 4 positive
...While questioning Francois, the officer noticed a bulge on Francois' leg and reached down and removed a revolver. Francois was then arrested for carrying a concealed firearm. The trial court sustained the motion to dismiss and this appeal is from that order. We reverse. Section 901.151, Florida Statutes (1975), provides in part as follows: "(5) Whenever any law enforcement officer authorized to detain temporarily any person under the provisions of subsection (2) of this section has probable cause to believe that any...
CopyCited 10 times | Published | Florida 1st District Court of Appeal | 1991 WL 27161
Green flag · Review Denied by R.D. (1994) · 2 positive
...ist is engaged in the lawful performance of his duties, the offense for which the person is charged shall be reclassified as follows: * * * * * * (b) In the case of battery, from a misdemeanor of the first degree to a felony of the third degree. [2] § 901.151, Fla....
CopyCited 10 times | Published | Florida 2nd District Court of Appeal
Green flag · Review Denied by Kehoe (1988) · 3 positive
...However, it is required that the officer have a founded or reasonable suspicion of criminal activity which merits further investigation. Terry v. Ohio,
392 U.S. 1,
88 S.Ct. 1868,
20 L.Ed.2d 889 (1968); State v. Payton,
344 So.2d 648 (Fla. 2d DCA 1977); §
901.151, Fla....
CopyCited 10 times | Published | Florida 4th District Court of Appeal | 2009 Fla. App. LEXIS 19620, 2009 WL 4827513
...State,
626 So.2d 185, 186 (Fla.1993). In order to justify an investigatory stop, police must possess specific, articulable facts that would warrant a man of reasonable caution in the belief that a person has committed, is committing, or is about to commit a crime. Id. ; §
901.151, Fla....
CopyCited 10 times | Published | Florida 1st District Court of Appeal | 1989 WL 87560
...'s pocket before reaching in to withdraw the object. We note, however, that there is nothing in the record which could support a finding that the officer in this case conducted the brief pat down permissible under Florida's "Stop and Frisk Law." See §
901.151, Fla. Stat. (1987); Terry v. Ohio,
392 U.S. 1,
88 S.Ct. 1868,
20 L.Ed.2d 889 (1968). Under the provisions of section
901.151(2), Florida Statutes, a law enforcement officer may detain temporarily a person he encounters "under circumstances which reasonably indicate that such person has committed, is committing, or is about to commit" a crime, for the purpos...
...circumstances giving rise to the suspicion. If the officer has probable cause to believe that the person detained is armed with a dangerous weapon, he may search the person detained only to the extent necessary to disclose the presence of a weapon. § 901.151(5), Fla....
...er relaxed conversation and walked briskly away as the code name for police rang out about the streets. Again, flight alone from approaching police, is not sufficient to meet the "founded suspicion" standard enunciated in Terry and incorporated into section 901.151....
CopyCited 10 times | Published | Florida 1st District Court of Appeal | 2006 WL 995843
...Ohio,
392 U.S. 1,
88 S.Ct. 1868,
20 L.Ed.2d 889 (1968). At this level, a police officer may reasonably detain a citizen temporarily if the officer has a reasonable suspicion that a person has committed, is committing, or is about to commit a crime. §
901.151, Fla....
...mitted, was committing, or was about to commit a crime. Because the deputy continued to retain Appellant's I.D. card after the warrant check came back clean, and then asked for permission to conduct a personal search, the detention was unlawful. See § 901.151(2), Fla....
CopyCited 10 times | Published | Florida 5th District Court of Appeal | 10 Fla. L. Weekly 931
Yellow flag · Distinguished by Brown (1987) · 1 cautionary
...He remained there because no one instructed him that he was free to leave nor did anyone open the door of the cruiser to let him out; appellant believed he had been arrested or detained. A second deputy stood outside the police cruiser, watching appellant, while Deputy Moch searched appellant's vehicle. Section 901.151(2), Florida Statutes (1981), Florida's Stop and Frisk law, authorizes a law enforcement officer of this state to temporarily detain any person the officer encounters ......
...ascertaining the identity of the person temporarily detained and the circumstances surrounding his presence abroad which led the officer to believe that he had committed, was committing, or was about to commit a criminal offense. Subsection (3) of Section 901.151, Florida Statutes (1981) restricts the period of time during which a law enforcement officer may justifiably detain a person under the statute to that period which is necessary to ascertain the circumstances which led the officer to b...
...At the scene of the robbery, [2] the robbery victims unequivocally stated to the deputies that appellant was not the person who robbed them. At that point, the deputies had effected the purposes for which they had detained appellant; they were satisfied he had no involvement in the robbery. According to subsections 901.151(3) and (4), Florida Statutes (1981), appellant was entitled to immediate release....
...The trial court's order denying appellant's motion to suppress is reversed and the cause is remanded with instructions to enter an order granting the motion, and discharging appellant. REVERSED. ORFINGER and SHARP, JJ., and BLOUNT, URIEL, Jr., Associate Judge, concur. NOTES [1] § 901.151, Fla. Stat. (1981). [2] Appellant does not challenge the legality of the deputies' requirement that he accompany them to the scene of the robbery. See § 901.151(3), Fla....
CopyCited 9 times | Published | Florida 2nd District Court of Appeal
...tion. He was adjudicated guilty by the trial court and sentenced to a term of imprisonment. He reserved the right to appeal the denial of the motion to suppress. Appellant contends on appeal that since the circumstances did not meet the standards of Section 901.151, Florida Statutes, the detention was invalid and thereby the evidence seized was inadmissible at trial....
...They were not making a license check. They did not have a warrant or consent to stop and search the vehicle. Neither police officer testified that appellant was connected with the previous drug transaction which had involved the same automobile. A valid detention under Section 901.151, Florida Statutes, requires that the officer be aware of circumstances which reasonably indicate that the person detained for investigation has committed, is committing, or is about to commit a criminal violation....
CopyCited 9 times | Published | Florida 3rd District Court of Appeal
...To justify a "stop", the police officer "must be able to point to specific and articulable facts which, taken together with rational inferences from those facts, reasonably warrant that intrusion." Id. at 21,
88 S.Ct. at 1880 (footnote omitted). The Terry standards have been codified in Section
901.151, Florida Statutes (1977), which provides in pertinent part: (2) Whenever any law enforcement officer of this state encounters any person under circumstances which reasonably indicate that such person has committed, is *386 committing,...
...egal. Colodonato v. State,
348 So.2d 326 (Fla. 1977); Whitley v. State,
349 So.2d 840 (Fla. 2d DCA 1977); State v. Lundy,
334 So.2d 671 (Fla. 4th DCA 1976); Perry v. State,
296 So.2d 505 (Fla.3d DCA 1974). In our opinion, the provisions of Terry and Section
901.151 were violated in this case, and the evidence which was obtained as a result of the stop of the defendant was unlawfully seized....
CopyCited 9 times | Published | Florida 2nd District Court of Appeal | 12 Fla. L. Weekly 2360
...appellee. Codie v. State,
406 So.2d 117 (Fla. 2d DCA 1981). In this case, however, we find that the state overcame this presumption and that the trial court erred in granting Kibbee's motion to suppress the evidence. The Florida Stop and Frisk Law, Section
901.151, Florida Statutes (1985), provides in part: (2) Whenever any law enforcement officer of this state encounters any person under circumstances which reasonably indicate that such person has committed, is committing, or is about to commi...
...(3) No person shall be temporarily detained under the provisions of subsection (2) longer than is reasonably necessary to effect the purposes of that subsection. Such temporary detention shall not extend beyond the place where it was first effected or the immediate vicinity thereof. To justify a temporary detention under section 901.151, the detaining officer is only required to have a "founded suspicion" of criminal activity....
...Colburn to drive his car approximately one block, turn around, and drive back. We, accordingly, find that Officer Colburn's observations reasonably indicated that Kibbee and Drawdy had committed, were committing, or were about to commit a crime. See § 901.151(2)....
CopyCited 9 times | Published | Florida 1st District Court of Appeal | 1994 WL 561861
...e of the cocaine cannot be sustained under any theory of the law. Initially, as neither officer had probable cause to believe appellant was armed with a dangerous weapon, the search and seizure cannot be justified under Florida's Stop and Frisk Law, section
901.151, Florida Statutes (1991). Shaw v. State,
611 So.2d 552 (Fla. 1st DCA 1992) (search was unlawful because officer failed to articulate a valid basis for performing a weapons search under section
901.151)....
CopyCited 9 times | Published | Florida 1st District Court of Appeal | 2004 WL 2270813
...To justify an investigative detention, a law enforcement officer must have a reasonable suspicion that a person has committed or is about to commit a crime. See Terry v. Ohio,
392 U.S. 1,
88 S.Ct. 1868,
20 L.Ed.2d 889 (1968); Popple v. State
626 So.2d 185, 186 (Fla.1993); §
901.151(2) Fla....
CopyCited 9 times | Published | Florida 5th District Court of Appeal | 1995 WL 642272
...ters of the pat-down search unless he felt a weapon or contraband. See Howard v. State,
645 So.2d 156 (Fla. 4th DCA 1994) (recognizing that detainee may give police consent to conduct pat-down search which is limited in scope to search for weapons); §
901.151, Fla....
CopyCited 9 times | Published | Florida 3rd District Court of Appeal | 1989 WL 49921
...State,
467 So.2d 1063 (Fla. 3d DCA 1985). Upon observing that the tote bag contained a name which was not the defendant's, the officer had reasonable suspicion for an investigative "stop." See Terry v. Ohio,
392 U.S. 1,
88 S.Ct. 1868,
20 L.Ed.2d 889 (1968); §
901.151, Fla....
CopyCited 9 times | Published | Florida 3rd District Court of Appeal | 1988 WL 44492
...To justify a temporary detention the officer must have a founded, articulable suspicion that the individual has committed, is committing, or is about to commit, a crime. Levin v. State,
449 So.2d 288 (Fla. 3d DCA 1983), approved,
452 So.2d 562 (Fla. 1984); §
901.151, Fla....
CopyCited 9 times | Published | Florida 1st District Court of Appeal | 1990 WL 35923
...The majority opinion affirms the detention and search in this case reasoning that the officer had a reasonable or well-founded suspicion of criminal activity to justify an investigatory stop. I cannot find any evidentiary support for that finding in this record. Section 901.151, Florida Statutes (1989), provides that a law enforcement officer may temporarily detain any person encountered "under circumstances which reasonably indicate that such person has committed, is committing, or is about to commit a viol...
CopyCited 9 times | Published | Florida 2nd District Court of Appeal | 1991 WL 110466
...2d DCA 1988). A police officer may conduct a search incident to a valid stop only if he has probable cause to believe the person detained is armed with a dangerous weapon. See Michigan v. State,
463 U.S. 1032,
103 S.Ct. 3469,
77 L.Ed.2d 1201 (1983); §
901.151(5), Fla....
CopyCited 9 times | Published | Florida 3rd District Court of Appeal
...in and no facts were brought out at that trial which would indicate that the policeman had knowledge reasonably supporting a belief that the defendant was in possession of a firearm. We hold that the facts of the present case satisfy the function of Section 901.151, Florida Statutes (1975), and the pronouncements of the Supreme court of the United States in Terry v....
CopyCited 9 times | Published | Florida 1st District Court of Appeal | 2000 WL 139229
...ic reasonable inferences which he is entitled to draw from the facts in light of his experience. Terry,
392 U.S. at 27,
88 S.Ct. 1868 (emphasis supplied and citations and footnote omitted). Florida's Stop and Frisk Law requires at least as much. See §
901.151(5), Fla....
CopyCited 9 times | Published | Florida 5th District Court of Appeal | 10 Fla. L. Weekly 397
Green flag · Review Denied by Forrester (1990) · 2 positive
...as been or is being committed and that the person arrested has committed or is committing it (§
901.15(3), Fla. Stat.). A reasonable suspicion of criminal activity justifying a temporary detention to ascertain identification and circumstances under section
901.151(2), Florida Statutes, does not authorize an arrest and the search of a nearby vehicle....
CopyCited 9 times | Published | Florida 2nd District Court of Appeal
Red flag · Receded From by Webb (1981) · 3 negative, 1 positive
...But in some situations for example, when the victim of a street crime seeks immediate police aid and gives a description of his assailant, or when a credible informant warns of a specific impending crime the subtleties of the hearsay rule should not thwart an appropriate police response." The passage of Fla. Stat. § 901.151 (1973), commonly known as the "Stop and Frisk" law was precipitated by the U.S....
CopyCited 9 times | Published | Florida 5th District Court of Appeal
Green flag · Review Denied by Watts (1985) · 1 positive
...r did not recognize Hunt as the owner of that vehicle. When Hunt saw the officer in his cruiser, Hunt got out of the car and started walking away. It was at this time that the officer stopped Hunt for questioning which led to the arrest. Pursuant to section 901.151, Florida Statutes (1979), and Terry v....
CopyCited 9 times | Published | Florida 1st District Court of Appeal | 1996 WL 728697
...m her pockets). To justify such a seizure, a law enforcement officer must have a founded suspicion of criminal activity, i.e., a "factual basis in the circumstances observed by the officer." Gipson v. State,
537 So.2d 1080, 1081 (Fla. 1st DCA 1989); §
901.151, Fla....
CopyCited 9 times | Published | Florida 4th District Court of Appeal | 1991 WL 164402
...The burglary victim subsequently identified the wallet and checkbook. Moore argues that the stop and frisk was illegal because the police officer had no reasonable suspicion of illegal activity and under these circumstances the trial court should have granted his motion to suppress. We agree and reverse. Section 901.151(2), Florida Statutes (1987), Florida's Stop and Frisk Law, provides: Whenever any law enforcement officer of this state encounters any persons under circumstances which reasonably indicate that such person had committed, is committing...
CopyCited 9 times | Published | Florida 2nd District Court of Appeal | 2009 Fla. App. LEXIS 11580, 2009 WL 2514168
...had not witnessed. Although the misdemeanor had not occurred in his presence and he could not effect an immediate arrest of Ms. Rodriguez, we conclude that under these circumstances the officer did have authority to conduct a Terry stop pursuant to section 901.151, Florida Statutes (2006), to investigate the offense....
...We conclude that the officer's inability to effect an immediate, warrantless arrest is not a basis to hold that the officer was prohibited under the Fourth Amendment from conducting an investigatory stop when he had well-founded suspicion that Ms. Rodriguez had committed this misdemeanor. Section 901.151(2) provides: (2) Whenever any law enforcement officer of this state encounters any person under circumstances which reasonably indicate that such person has committed, is committing, or is about to commit a violation of the criminal l...
CopyCited 9 times | Published | Florida 2nd District Court of Appeal
...Furthermore, once the officer patted the bulge and determined in his own mind that it was marijuana, the officer had probable cause to do "whatever he wished." On appeal defendant asserts that the officers' investigatory actions should be analyzed pursuant to Florida's Stop and Frisk Law, section 901.151, Florida Statutes (1983)....
CopyCited 9 times | Published | Florida 5th District Court of Appeal | 1997 WL 464376
...ar for his personal safety. The state appeals this ruling, arguing that the trial court erred in granting the motion to suppress because the seizure of the cocaine was predicated upon a lawful pat-down search. We agree. Florida's Stop and Frisk Law, section 901.151, Florida Statutes (1995), provides in pertinent part: (5) Whenever any law enforcement officer authorized to detain temporarily any person ......
...This alert, coupled with the deputy's experience regarding the association of weapons and drugs, eliminated the possibility that the deputy's "interference" was arbitrary. Thus, we agree with the trial court that this was a valid pat-down search under section 901.151 and Terry v....
...A law enforcement officer is allowed to conduct a protective frisk of a person he or she has detained if the officer reasonably believes or suspects that the detainee is armed. Terry,
392 U.S. at 27,
88 S.Ct. at 1883. Florida's Stop and Frisk law, section *1286
901.151(5), Florida Statutes (1995), permits a weapons frisk upon "probable cause to believe" that a suspect is armed....
...The Florida Supreme Court has explained that "probable cause" as used in the statute is not the same as probable cause necessary to arrest an individual or to support a search warrant. State v. Webb,
398 So.2d 820, 824-25 (Fla. 1981). Nonetheless, both Terry and section
901.151 suggest that a pat-down for weapons requires something more than the well-founded suspicion of criminal activity justifying the detention. See Stalling v. State,
678 So.2d 843, 845 (Fla. 1st DCA 1996) (under Terry and section
901.151, more than reasonable suspicion of criminal activity is required before officer may conduct pat-down searches); Hamilton (officer's knowledge that cocaine dealers usually carry weapons insufficient by itself to support a pat-down for weapons)....
CopyCited 9 times | Published | Florida 2nd District Court of Appeal
Green flag · Review Denied by Guzman-Cuellar (1987) · 6 positive
...court correctly held that the officers had the authority to stop the suspect vehicle. Since the police had a description of the crime, the perpetrators and their vehicle, they were proper in making an investigatory stop under the Stop and Frisk law, Section 901.151, Florida Statutes (1977)....
CopyCited 9 times | Published | Florida 1st District Court of Appeal | 1991 WL 46821
Green flag · Review Denied by Couch (1996) · 1 positive
...he brown paper protruding from appellant's pocket, he had reasonable grounds to believe that the paper contained contraband. He therefore denied the motion to suppress. We first determine that the "stop," if one occurred, [1] was not unlawful. Under section 901.151, an officer must have an articulable suspicion (a reasonable or founded suspicion), that a person has committed, is committing, or is about to commit a crime before he may lawfully detain him....
CopyCited 9 times | Published | Florida 1st District Court of Appeal | 1989 WL 36160
...mission. We disagree. It is well settled that a police officer must have a well founded and articulable suspicion of criminal activity before conducting an investigatory stop which amounts to a "seizure" albeit a temporary one of a person. See section 901.151, Florida Statutes; Terry v....
CopyCited 8 times | Published | Florida 2nd District Court of Appeal
...Officer Heck felt a bulge, consistent with a wallet, in defendant's back pocket. The bulge turned out to be the victim's wallet, and the wallet was *1220 seized. The officer admitted that when he felt the bulge, he knew it was a wallet. He had no apprehensions that the bulge in defendant's pocket was a weapon. Section 901.151, Florida Statutes (1981), sets out the procedure by which police officers may stop and frisk people suspected of wrongdoing....
...defendant's pocket was not a weapon. Clearly then, since Officer Heck knew the bulge was not a weapon, he could not legally reach into defendant's pocket and pull out the wallet. Raleigh v. State,
404 So.2d 1163 (Fla. 2d DCA 1981); Meeks v. State . Section
901.151(5) states that if "such a search discloses such a weapon or any evidence of a criminal offense, it may be seized." However, the seizure of contraband or other evidence of a crime during a legal stop and frisk is permissible only so lo...
CopyCited 8 times | Published | Florida 2nd District Court of Appeal | 1989 WL 112136
...Under the circumstances presented in this case, the officers had a well-founded suspicion justifying their stop of appellant's vehicle. See Johnson v. State,
537 So.2d 117 (Fla. 1st DCA 1988); Adams v. State,
523 So.2d 190 (Fla. 1st DCA 1988). The Florida Stop and Frisk Law, section
901.151(2), Florida Statutes (1987), permits a law enforcement officer to stop and temporarily detain a person when circumstances indicate that the person has committed, is committing, or is about to commit an illegal act....
...However, considering the totality of circumstances, viewed in light of the officers' knowledge and experience, we have no difficulty in holding the stop to be legal. *257 Our inquiry, however, does not end simply because we have sustained the stop. Section 901.151(5), Florida Statutes (1987), limits the extent of a search following an investigatory stop to a pat-down of a suspect's outer clothing, unless the pat-down, or other circumstances, leads the officer to conclude that the suspect has a weapon on his person....
CopyCited 8 times | Published | Florida 1st District Court of Appeal | 1994 WL 502625
...ial dispatch, along Highway 90 in Crestview about seven miles from the Tom Thumb Food Store. The records establish that Cobb and Morris, who were occupants of the truck, were arrested and charged with armed robbery. It is well established that under section 901.151, Florida Statutes, to justify a stop or any other temporary detention such as the one at issue here, the state's witness had to point to specific, objective, and articulable observed facts that, considered cumulatively, reasonably ind...
CopyCited 8 times | Published | Florida 2nd District Court of Appeal | 1997 WL 563422
Green flag · Adopted by Dewberry (2005) · 1 positive
...erson temporarily to ascertain the person's identity and the "circumstances of his presence" when there are reasonable indications "that such person has committed, is committing, or is about to commit a violation of the criminal laws of this state." § 901.151(2), Fla....
...pons). The law provides that a frisk for weapons may occur only when the officers have "probable cause" to believe that the person is armed with a dangerous weapon and, therefore, offers a threat to the safety of the officer or any other person. See § 901.151(5), Fla....
CopyCited 8 times | Published | Florida 4th District Court of Appeal | 1999 Fla. App. LEXIS 13213, 1999 WL 816988
...He complains, however, that once the officers were assured that he was not armed and posed no risk, his continued detention in handcuffs amounted to an arrest which had to be supported by probable cause. *1148 Terry,
392 U.S. at 22,
88 S.Ct. 1868 and section
901.151(2), Florida Statutes (1995), permit a police officer to temporarily detain a person who he or she believes has committed or is committing a crime "for the purpose of ascertaining the identity of the person temporarily detained and the circumstances surrounding his presence abroad which led the officer to believe that he had committed ... a criminal offense." This detention may not last "longer than is reasonably necessary to effect the purposes of [section (2) ]". §
901.151(3)....
CopyCited 8 times | Published | District Court, M.D. Florida | 2011 U.S. Dist. LEXIS 119126, 2011 WL 4903086
...,
573 F.3d at 1167 (citing Montoute v. Carr,
114 F.3d 181, 184 (11th Cir.1997)). Cavis argues that he was engaged in the “legal duty” of investigating what happened to John Alex. (Doc. 42 at 13). He contends that the basis of this legal duty was §
901.151 of the Florida Statutes. Id. §
901.151 is Florida’s “Stop and Frisk” law....
CopyCited 8 times | Published | Florida 2nd District Court of Appeal
Green flag · Followed by PLR (1984) · 2 positive
...Under the circumstances recounted by Officer Bacon, we believe that he had a well founded suspicion of criminal activity which was sufficient to justify temporarily detaining appellant for an interrogation pursuant to Terry v. Ohio,
392 U.S. 1,
88 S.Ct. 1868,
20 L.Ed.2d 889 (1968), and section
901.151(1), Florida Statutes (1979)....
CopyCited 8 times | Published | Florida 4th District Court of Appeal | 1994 WL 655158
Yellow flag · Limited by Jordan (1995) · 1 cautionary
...State,
531 So.2d 88 (Fla. 1988). [2] Where an officer, following a traffic stop, has no articulable evidence of criminal activity to justify the detention of a defendant after the purpose of the initial stop has been effected, the officer must release that defendant. See §
901.151 Fla....
CopyCited 8 times | Published | Florida 2nd District Court of Appeal | 1997 WL 231489
...testing of the cocaine. Appellant maintains that the officer's physical force in grabbing him converted the initial consensual encounter into a stop that required a founded suspicion on the part of the officer to validate the subsequent seizure of contraband. See § 901.151, Fla.Stat....
CopyCited 8 times | Published | Florida 2nd District Court of Appeal | 1991 WL 74813
...They tried to head the appellant off as he was driving his bicycle, but the appellant eluded them by weaving back and forth. When Officer Quinlan ordered him to stop, the appellant kept going. The three officers chased him on foot finally catching him. Prying open his hand, they found a baggie containing a trace of cocaine. Section 901.151(2), Florida Statutes (1987), authorizes a temporary detention when an officer has reasonable suspicion to believe the person has committed, is committing, or is about to commit a crime....
...Given that the appellant's initial detention was invalid, evidence flowing from it was tainted. See Ottney v. State,
571 So.2d 20 (Fla. 2d DCA 1990). Even if the initial detention were valid, however, the seizure of the cocaine exceeded the permissible scope of a search under section
901.151(5), Florida Statutes (1987)....
CopyCited 8 times | Published | Florida 4th District Court of Appeal | 1988 WL 18690
...State,
469 So.2d 826, 827 (Fla. 2d DCA 1985): A law enforcement officer may temporarily detain a person for purposes of investigation under circumstances reasonably indicating that the person has committed, is committing, or is about to commit a crime. §
901.151, Fla....
CopyCited 8 times | Published | Florida 2nd District Court of Appeal | 1993 WL 86479
...hands around as well as repeatedly turning his head back and forth. This bizarre activity made the officer nervous. When the officer told Brown to put his hands on the police cruiser, the consensual encounter at that moment turned into a stop under section 901.151, Florida Statutes (1991), because Brown was no longer free to leave....
CopyCited 8 times | Published | Florida 3rd District Court of Appeal
Green flag · Cert Denied by A.S. (1990) · 5 positive
...with directions to eliminate the provision for probation. It is my opinion however that the evidence in this cause should have been suppressed and I therefore respectfully dissent. There is no need to reiterate the facts or to recite Florida Statute 901.151, F.S.A., the "Florida Stop and Frisk Law." F.S. 901.151, F.S.A....
CopyCited 8 times | Published | Florida 2nd District Court of Appeal | 1988 WL 60472
Yellow flag · But See by Wilson (1989) · 1 cautionary
...the search warrant, the evidence seized pursuant to that unauthorized search should have been suppressed absent competent evidence indicating that it was obtained pursuant *430 to a valid "stop and frisk" or "search incident to lawful arrest." See §§
901.151,
901.21, Fla....
...Although the search warrant in this case was similar to the one utilized in Zaner, the search of the defendant in that case was ultimately justified as a protective stop and frisk because the officer had a reasonable belief that the defendant was armed. Zaner at 511. The record in this case cannot sustain such a finding. See § 901.151....
CopyCited 8 times | Published | Florida 3rd District Court of Appeal | 2007 WL 1931364
..."`Reasonable suspicion' is a less demanding standard than that for probable cause, and `considerably less than proof of wrongdoing by preponderance of the evidence.'" State v. Gonzalez,
682 So.2d 1168, 1170 (Fla. 3d DCA 1996). The standards enunciated in Terry were codified in Florida's Stop and Frisk Law. Section
901.151(2), Fla....
CopyCited 8 times | Published | Florida 1st District Court of Appeal | 1991 WL 10433
...However, we find that the present case is more like State v. Jenkins,
566 So.2d 926 (Fla. 2d DCA 1990), and that the circumstances which the officer observed were sufficient to create a founded suspicion of criminal activity so as to justify a temporary stop in accordance with section
901.151, Florida Statutes....
CopyCited 8 times | Published | Florida 2nd District Court of Appeal | 1996 WL 65791
...to detain Wimbush. We disagree with the trial court's legal conclusion. To justify an investigative temporary detention, an officer must have a founded reasonable suspicion that the person has committed, is committing, or is about to commit a crime. § 901.151(2), Fla.Stat....
CopyCited 8 times | Published | Florida 5th District Court of Appeal | 2002 WL 126052
...Law enforcement may stop an automobile and request identification from its occupants so long as the officers have a founded or reasonable suspicion that the occupants have committed, are in the process of committing, or are about to commit a crime. § 901.151(2), Fla....
CopyCited 8 times | Published | Florida 5th District Court of Appeal | 1991 WL 273720
...eizure on the "plain touch" doctrine. The trial court refused to suppress the evidence. We need not decide this case on whether the plain touch doctrine permits this seizure. We reverse because the search itself was improper. The state's reliance on section 901.151 is misplaced....
CopyCited 8 times | Published | Florida 3rd District Court of Appeal | 1998 WL 842795
...3d DCA 1996), review denied,
689 So.2d 1069 (Fla.1997); State v. Reyes,
680 So.2d 1092 (Fla. 3d DCA 1996); Persaud v. State,
659 So.2d 1191, 1192 (Fla. 3d DCA 1995); State v. Russell,
659 So.2d 465, 467 (Fla. 3d DCA 1995); State v. Stevens,
354 So.2d 1244, 1247 (Fla. 4th DCA 1978) §
901.151, Fla.Stat....
CopyCited 8 times | Published | Florida 1st District Court of Appeal
...n to suppress. Appellant urges that the stop of his vehicle was improper because the police did not have a well-founded or reasonable suspicion that he "had committed a violation of the criminal laws of this state" sufficient to justify a stop under Section 901.151(2), Florida Statutes (1979), Florida's Stop and Frisk Law, and that accordingly, the subsequent frisk of his person was illegal....
CopyCited 8 times | Published | Florida 4th District Court of Appeal
Green flag · Cert Denied by Harrison (1980) · 1 positive
...After unsuccessfully moving to suppress the marijuana, Schnick entered a plea of nolo contendere specifically reserving the right to challenge the search on appeal. He was adjudicated guilty and placed on two years probation. The Florida "stop and frisk" law, Section 901.151, Florida Statutes (1975) provides in subsection (2) and (5): (2) Whenever any law enforcement officer of this state encounters any person under circumstances which reasonably indicate that such person has committed, is committing, or...
...so temporarily detained only to the extent necessary to disclose, and for the purpose of disclosing, the presence of such weapon. If such search discloses such a weapon or any evidence of a criminal offense it may be seized. Under the provisions of Section 901.151(2), Florida Statutes (1975) the temporary detention of persons is authorized under circumstances which reasonably indicate such person has committed a crime. We believe that Schnick's temporary detention was authorized under the statute. Section 901.151(5), Florida Statutes (1975) sets out entirely separate and distinct requirements which must be met before a person may be searched....
...The circumstances here do not reveal probable cause to believe that Schnick was armed with a dangerous weapon. While one may speculate that a weapon could have been involved because the reported offense was a fight, such speculation is not sufficient to meet the probable cause requirements of Section 901.151(5)....
CopyCited 8 times | Published | Florida 2nd District Court of Appeal | 1994 WL 151371
...[2] The state nolle prossed count two, driving with a suspended license, in return for the entry of the plea on count one. To justify an investigatory stop, a police officer must have a founded reasonable suspicion that a person has committed, is committing, or is about to commit a crime. § 901.151(2), Fla....
CopyCited 8 times | Published | Florida 5th District Court of Appeal | 1988 WL 32047
...The trooper did not testify that he had any concern for his safety upon approaching the vehicle. His intent was simply to see what, if anything, the occupants were hiding under the seat. This was mere curiosity, not based on any articulable facts. To justify a temporary detention under section 901.151, the Florida Stop and Frisk Law, the officer is required to have a "founded suspicion" of criminal activity....
CopyCited 8 times | Published | Florida 5th District Court of Appeal | 1996 WL 168917
...Ohio,
392 U.S. 1,
88 S.Ct. 1868,
20 L.Ed.2d 889 (1968). In such an encounter, a police officer may reasonably detain a citizen for a time, if the officer has a reasonable suspicion the person has committed, is committing, or is about to commit a crime. See also §
901.151, Fla.Stat....
CopyCited 7 times | Published | Florida 2nd District Court of Appeal
Green flag · Cert Denied by Fuksman (1985) · 2 positive
...normal patrol, surveillance and investigatory duties. It should be noted that this was not the usual "stop and frisk" dealt with by the United States Supreme Court in Terry v. Ohio,
392 U.S. 1,
88 S.Ct. 1868,
20 L.Ed.2d 889 (1968) or contemplated in Section
901.151(2), Florida Statutes (1977)....
...The order of the lower court suppressing the evidence and discharging the appellee is therefore REVERSED and set aside and the cause remanded for further proceedings consistent herewith. SCHEB, Acting C.J., and DANAHY, J., concur. NOTES [1] Under our "stop and frisk" law, Section 901.151(2), Florida Statutes (1977), it is provided: Whenever any law enforcement officer of this state encounters any person under circumstances which reasonably indicate that such person has committed, is committing, or is about to commit a...
CopyCited 7 times | Published | Florida 2nd District Court of Appeal | 2000 WL 1580391
Green flag · Followed (2023) · 1 positive
...State,
626 So.2d 185, 186 (Fla.1993). Next is an investigatory stop or investigatory detention, in which an officer may reasonably detain a person temporarily to investigate a reasonable suspicion that the person has committed, is committing, or is about to commit a crime. See §
901.151, Fla....
CopyCited 7 times | Published | Florida 5th District Court of Appeal | 2002 WL 31486297
...This alert, coupled with the deputy's experience regarding the association of weapons and drugs, eliminated the possibility that the deputy's "interference" was arbitrary. Thus, we agree with the trial court that this was a valid pat-down search under section 901.151 and Terry v....
CopyCited 7 times | Published | Florida 5th District Court of Appeal | 1990 WL 183830
...State,
529 So.2d 825 (Fla. 4th DCA 1988), of whether drugs or other evidence thrown down by a suspect after being ordered by police to "stop" or "freeze," should be suppressed because the police lack a founded suspicion sufficient to allow an investigative stop pursuant to section
901.151, Florida Statutes (1989)....
CopyCited 7 times | Published | Florida 4th District Court of Appeal | 11 Fla. L. Weekly 2488
...on alone. Kehoe gave Dusenbery a false name and was unable to produce a driver's license or registration. Null and Hurt arrived on the scene a short time later and discovered over 1,000 pounds of cannabis in the boat. The Florida Stop and Frisk law, section 901.151, Florida Statutes (1985), provides in relevant part: *562 (2) Whenever any law enforcement officer of this state encounters any person under circumstances which reasonably indicate that such person has committed, is committing, or is...
CopyCited 7 times | Published | Florida 5th District Court of Appeal
Green flag · Followed by Gennari (1984) · 1 positive
...edings below consistent with this opinion. REVERSED and REMANDED. SHARP and COWART, JJ., concur. NOTES [1] United States v. Chadwick,
433 U.S. 1,
97 S.Ct. 2476,
53 L.Ed.2d 538 (1977); see also, Ulesky v. State,
379 So.2d 121 (Fla. 5th DCA 1979). [2] §
901.151, Fla....
CopyCited 7 times | Published | Florida 3rd District Court of Appeal | 2005 Fla. App. LEXIS 6509, 2005 WL 1027087
...See Golon,
739 So.2d at 660-61; Indialantic Police Dept.,
677 So.2d at 1309. We respectfully disagree with our sister courts. [4] Such stops, like the stop of Alvarez's vehicle here, are investigative detentions subject to Fourth Amendment scrutiny. §
901.151, Fla....
...ther with rational inferences from those facts, reasonably warrant that intrusion." Id. at 21,
88 S.Ct. 1868; see Popple v. State,
626 So.2d 185 (Fla. 1993). The standards enunciated in Terry have now been codified into Florida's Stop and Frisk Law. §
901.151(2), Florida Statutes (2004)....
...That being so, I respectfully disagree with that part of footnote five which indicates that it would be relevant to know whether the owner had given the men permission to stop by the townhouse. With these minor observations, I join the majority opinion. NOTES [1] See §
932.701-.707, Fla. Stat. (2004). [2] See §
901.151, Fla....
CopyCited 7 times | Published | Florida 3rd District Court of Appeal
Green flag · Cert Denied by Sumlin (1983) · 2 positive
...offense has been, is being, or is about to be committed. However, to lawfully do so, in the absence of probable cause, the police are governed by the basis principles set forth in Terry v. Ohio,
392 U.S. 1,
88 S.Ct. 1868,
20 L.Ed.2d 889 (1968), and Section
901.151, Florida Statutes (1977)....
CopyCited 7 times | Published | Florida 4th District Court of Appeal
Green flag · Cert Denied by Woodson (1991) · 7 positive
...Woodard,
280 So.2d 700 (Fla. 2d DCA 1973); Williams v. State,
294 So.2d 37 (Fla. 3d DCA 1974); State v. Francois,
355 So.2d 127 (Fla. 3d DCA 1978); Phillips v. State,
360 So.2d 1310 (Fla. 1st DCA 1978). Whether considered in conjunction with Florida Statutes, Section
901.151 (Florida Stop and Frisk Law) or compared with the principles set forth in Terry v....
CopyCited 7 times | Published | Florida 1st District Court of Appeal | 1999 WL 147652
...Ohio,
392 U.S. 1,
88 S.Ct. 1868,
20 L.Ed.2d 889 (1968). At this level, a police officer may reasonably detain a citizen temporarily if the officer has a reasonable suspicion that a person has committed, is committing, or is about to commit a crime. §
901.151, Fla....
CopyCited 7 times | Published | Florida 2nd District Court of Appeal
Green flag · Review Denied by Crumpton (1996) · 6 positive
...The sole question at the hearing on the motion to suppress the marijuana was whether the deputy was justified in stopping and questioning the defendant under Terry v. Ohio,
392 U.S. 1,
88 S.Ct. 1868,
20 L.Ed.2d 889 (1968), and Florida's "Stop and Frisk Law", Section
901.151, Florida Statutes (1977)....
...urinating against the side of a truck was behavior incongruous or unusual enough to warrant his further investigation. Surely a law enforcement officer under those circumstances is not required to ignore the incident and proceed on, doing nothing. Section 901.151(2) provides that: Whenever any law enforcement officer of this state encounters any person under circumstances which reasonably indicate that such person has committed, is committing, or is about to commit a violation of the criminal...
CopyCited 7 times | Published | Florida 2nd District Court of Appeal | 2007 WL 2120135
...Powell,
222 F.3d 913, 917 (11th Cir.2000); see also Popple,
626 So.2d at 186 ("a police officer may reasonably detain a citizen temporarily if the officer has a reasonable suspicion that a person has committed, is committing, or is about to commit a crime"); §
901.151(2), Fla....
CopyCited 7 times | Published | Florida 2nd District Court of Appeal | 2001 WL 37703
...Ford consented to a search of his person and the officer found a rock of cocaine. The legality of Ford's initial detention turns on whether law enforcement had a founded suspicion that he had committed, was committing or was about to commit a crime. See § 901.151, Fla.Stat....
CopyCited 7 times | Published | Florida 3rd District Court of Appeal
