CopyCited 260 times | Published | Supreme Court of Florida | 1993 WL 406370
...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....
0 red0 yellow381 green0 procedural
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....
0 red0 yellow230 green0 procedural
CopyCited 188 times | Published | Supreme Court of Florida
...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...
0 red0 yellow149 green0 procedural
CopyCited 134 times | Published | Supreme Court of Florida | 1995 WL 324080
...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....
0 red0 yellow166 green0 procedural
CopyCited 99 times | Published | Florida 4th District Court of Appeal
...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...
0 red0 yellow85 green0 procedural
CopyCited 86 times | Published | Supreme Court of Florida
...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....
0 red0 yellow55 green0 procedural
CopyCited 66 times | Published | Supreme Court of Florida | 2003 WL 21283161
...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....
0 red0 yellow103 green0 procedural
CopyCited 57 times | Published | Supreme Court of Florida | 1993 WL 219861
...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....
0 red0 yellow48 green0 procedural
CopyCited 58 times | Published | Florida 2nd District Court of Appeal
...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....
0 red0 yellow32 green0 procedural
CopyCited 38 times | Published | Supreme Court of Florida | 2006 WL 3629581
...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....
0 red1 yellow77 green0 procedural
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....
0 red0 yellow65 green0 procedural
CopyCited 37 times | Published | Supreme Court of Florida | 1995 WL 2418
...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....
0 red0 yellow52 green0 procedural
CopyCited 37 times | Published | Supreme Court of Florida | 12 Fla. L. Weekly 39
...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....
0 red0 yellow23 green0 procedural
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)....
0 red0 yellow16 green0 procedural
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)....
0 red0 yellow32 green0 procedural
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....
0 red0 yellow30 green0 procedural
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....
0 red0 yellow42 green0 procedural
CopyCited 30 times | Published | Florida 2nd District Court of Appeal | 1989 WL 116620
...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....
0 red0 yellow29 green0 procedural
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)....
0 red0 yellow29 green0 procedural
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....
0 red0 yellow47 green0 procedural
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....
0 red0 yellow22 green0 procedural
CopyCited 28 times | Published | Florida 3rd District Court of Appeal | 1996 WL 577399
0 red0 yellow31 green0 procedural
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....
0 red0 yellow22 green0 procedural
CopyCited 32 times | Published | Supreme Court of Florida
...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)....
0 red0 yellow13 green0 procedural
CopyCited 24 times | Published | Florida 5th District Court of Appeal | 2001 WL 303222
...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....
0 red0 yellow32 green0 procedural
CopyCited 18 times | Published | Supreme Court of Florida | 2012 Fla. LEXIS 2546, 2012 WL 6049585
...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....
0 red0 yellow61 green0 procedural
CopyCited 23 times | Published | Florida 1st District Court of Appeal | 1990 WL 57808
...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....
0 red0 yellow25 green0 procedural
CopyCited 28 times | Published | Florida 2nd District Court of Appeal | 12 Fla. L. Weekly 2546
...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....
0 red0 yellow13 green0 procedural
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....
0 red0 yellow26 green0 procedural
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....
0 red0 yellow12 green0 procedural
CopyCited 21 times | Published | Florida 3rd District Court of Appeal | 1995 WL 497109
...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....
0 red0 yellow27 green0 procedural
CopyCited 26 times | Published | Supreme Court of Florida
...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)....
0 red0 yellow13 green0 procedural
CopyCited 23 times | Published | Florida 5th District Court of Appeal
...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....
0 red0 yellow18 green0 procedural
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...
0 red0 yellow11 green0 procedural
CopyCited 19 times | Published | Florida 4th District Court of Appeal | 1999 WL 270419
...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....
0 red0 yellow22 green0 procedural
CopyCited 17 times | Published | Supreme Court of Florida | 2004 WL 2534352
...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....
0 red0 yellow30 green0 procedural
CopyCited 30 times | Published | Florida 2nd District Court of Appeal
...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)....
0 red0 yellow5 green0 procedural
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....
0 red0 yellow24 green0 procedural
CopyCited 20 times | Published | Florida 4th District Court of Appeal | 1988 WL 15446
0 red0 yellow13 green0 procedural
CopyCited 21 times | Published | Florida 2nd District Court of Appeal | 1990 WL 12752
...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....
0 red0 yellow11 green0 procedural
CopyCited 17 times | Published | Supreme Court of Florida | 1992 WL 158
...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....
0 red0 yellow18 green0 procedural
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....
0 red0 yellow21 green0 procedural
CopyCited 16 times | Published | Florida 2nd District Court of Appeal | 1998 WL 518502
...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....
0 red0 yellow21 green0 procedural
CopyCited 18 times | Published | Supreme Court of Florida | 10 Fla. L. Weekly 192
...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 ......
0 red0 yellow14 green0 procedural
CopyCited 17 times | Published | Florida 5th District Court of Appeal | 20 Fla. L. Weekly Fed. D 1942
...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....
0 red0 yellow16 green0 procedural
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....
0 red0 yellow22 green0 procedural
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....
0 red0 yellow12 green0 procedural
CopyCited 21 times | Published | Florida 3rd District Court of Appeal
...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....
0 red0 yellow7 green0 procedural
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....
0 red0 yellow22 green0 procedural
CopyCited 14 times | Published | Florida 3rd District Court of Appeal | 1999 WL 1062502
...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....
0 red0 yellow21 green0 procedural
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....
0 red0 yellow16 green0 procedural
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....
0 red0 yellow10 green0 procedural
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....
0 red0 yellow17 green0 procedural
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....
0 red0 yellow17 green0 procedural
CopyCited 15 times | Published | Florida 5th District Court of Appeal | 1994 WL 169964
...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....
0 red0 yellow11 green0 procedural
CopyCited 16 times | Published | Florida 4th District Court of Appeal
...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....
0 red1 yellow8 green0 procedural
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....
0 red0 yellow16 green0 procedural
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....
0 red0 yellow10 green0 procedural
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....
0 red0 yellow10 green0 procedural
CopyCited 15 times | Published | Florida 2nd District Court of Appeal | 1991 WL 24849
...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....
0 red0 yellow9 green0 procedural
CopyCited 11 times | Published | Florida 4th District Court of Appeal | 2001 WL 543215
...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....
0 red0 yellow22 green0 procedural
CopyCited 13 times | Published | Florida 3rd District Court of Appeal
...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"....
0 red0 yellow13 green0 procedural
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....
0 red0 yellow9 green0 procedural
CopyCited 14 times | Published | Florida 1st District Court of Appeal | 1992 WL 362197
...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....
0 red0 yellow9 green0 procedural
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)....
0 red0 yellow6 green0 procedural
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....
0 red0 yellow13 green0 procedural
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....
0 red0 yellow12 green0 procedural
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...
0 red0 yellow9 green0 procedural
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)....
0 red0 yellow19 green0 procedural
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....
0 red0 yellow11 green0 procedural
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)....
0 red0 yellow14 green0 procedural
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....
0 red0 yellow17 green0 procedural
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....
0 red0 yellow5 green0 procedural
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....
0 red0 yellow16 green0 procedural
CopyCited 16 times | Published | Florida 2nd District Court of Appeal
...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....
0 red0 yellow4 green0 procedural
CopyCited 11 times | Published | District Court of Appeal of Florida | 1996 WL 625591
0 red0 yellow11 green0 procedural
CopyCited 11 times | Published | Florida 4th District Court of Appeal | 2001 WL 686507
is committing, or is about to commit a crime. §
901.151(2), Fla. Stat. (2000); see also Terry v. Ohio
0 red0 yellow11 green0 procedural
CopyCited 11 times | Published | District Court of Appeal of Florida | 10 Fla. L. Weekly 212
complaint, they were authorized, pursuant to section
901.151(2), Florida Statutes (1983),[1] to pursue the
0 red0 yellow10 green0 procedural
CopyCited 11 times | Published | District Court of Appeal of Florida | 1999 WL 1112291
activity before detaining the citizen). And see §
901.151, Fla. Stat. (1997) (Florida's Stop and Frisk Law)
0 red0 yellow10 green0 procedural
CopyCited 13 times | Published | District Court of Appeal of Florida | 1995 WL 316335
0 red0 yellow6 green0 procedural
CopyCited 10 times | Published | Florida 4th District Court of Appeal | 2000 WL 1671863
suspect is armed with a dangerous weapon. See §
901.151(5), Fla. Stat. (1999); State v. Webb, 398 So.2d
0 red0 yellow12 green0 procedural
CopyCited 10 times | Published | District Court of Appeal of Florida | 1992 WL 174154
issued. See Fla.R.Crim.P. 3.124. Pursuant to section
901.151(2), Florida Statutes (1991), an officer may
0 red0 yellow12 green0 procedural
CopyCited 11 times | Published | District Court of Appeal of Florida | 1990 WL 66190
person detained is armed with a dangerous weapon. §
901.151, Fla. Stat. (1985). In this case, the police officer
0 red0 yellow9 green0 procedural
CopyCited 12 times | Published | District Court of Appeal of Florida | 1989 WL 194
criminal ordinances of any municipality or county. §
901.151, Fla. Stat. (1987). See also, Terry v. Ohio, 392
0 red0 yellow7 green0 procedural
CopyCited 16 times | Published | District Court of Appeal of Florida
0 red0 yellow3 green0 procedural
CopyCited 18 times | Published | District Court of Appeal of Florida
stopping and detaining appellant pursuant to Section
901.151, Florida Statutes (1975). The sole basis for
0 red0 yellow2 green0 procedural
CopyCited 11 times | Published | District Court of Appeal of Florida | 1991 WL 2734
Graham, 495 So.2d at 854. The last sentence of section
901.151(5), Florida Statutes (1987), reads: If [a stop
0 red2 yellow6 green0 procedural
CopyCited 12 times | Published | District Court of Appeal of Florida
however "lawfully detained" under Fla. Stat. §
901.151 (1975), which allows law enforcement officers
0 red0 yellow6 green0 procedural
CopyCited 12 times | Published | District Court of Appeal of Florida
0 red0 yellow6 green0 procedural
CopyCited 9 times | Published | District Court of Appeal of Florida | 1997 WL 464376
search. We agree. Florida's Stop and Frisk Law, section
901.151, Florida Statutes (1995), provides in pertinent
0 red0 yellow13 green0 procedural
CopyCited 8 times | Published | District Court of Appeal of Florida | 1996 WL 168917
committing, or is about to commit a crime. See also §
901.151, Fla.Stat. (1993) (the Stop and Frisk Law). At
0 red0 yellow18 green0 procedural
CopyCited 10 times | Published | District Court of Appeal of Florida | 1988 WL 112288
suspects under the stop and frisk statute, section
901.151, Florida Statutes (1985). The appellate court
0 red0 yellow9 green0 procedural
CopyCited 10 times | Published | District Court of Appeal of Florida | 1989 WL 135517
stop and detain an individual pursuant to section
901.151, Florida Statutes, only where he has a founded
0 red0 yellow9 green0 procedural
CopyCited 10 times | Published | District Court of Appeal of Florida | 1994 WL 600792
founded suspicion to conduct a stop under section
901.151 and ask the defendant to put his hands on the
0 red0 yellow9 green0 procedural
CopyCited 9 times | Published | Florida 1st District Court of Appeal | 2004 WL 2270813
0 red0 yellow12 green0 procedural
CopyCited 9 times | Published | District Court of Appeal of Florida | 1995 WL 642272
which is limited in scope to search for weapons); §
901.151, Fla. Stat. (1993). While conducting the search
0 red0 yellow12 green0 procedural
CopyCited 9 times | Published | District Court of Appeal of Florida | 1996 WL 728697
0 red0 yellow12 green0 procedural
CopyCited 12 times | Published | District Court of Appeal of Florida | 10 Fla. L. Weekly 2191
is committing, or is about to commit a crime. §
901.151(2), Fla. Stat. (1983); see, e.g., Brown v. Texas
0 red0 yellow5 green0 procedural
CopyCited 12 times | Published | District Court of Appeal of Florida
stop appellant for questioning pursuant to Section
901.151, Florida Statutes (1979), and the rationale
0 red0 yellow5 green0 procedural
CopyCited 9 times | Published | District Court of Appeal of Florida | 1989 WL 49921
0 red0 yellow11 green0 procedural
CopyCited 9 times | Published | District Court of Appeal of Florida | 10 Fla. L. Weekly 397
ascertain identification and circumstances under section
901.151(2), Florida Statutes, does not authorize an
0 red0 yellow11 green0 procedural
CopyCited 9 times | Published | District Court of Appeal of Florida | 1991 WL 46821
if one occurred,[1] was not unlawful. Under section
901.151, an officer must have an articulable suspicion
0 red0 yellow11 green0 procedural
CopyCited 11 times | Published | District Court of Appeal of Florida | 1988 WL 100555
and permissible under the "stop and frisk" law, §
901.151, Fla. Stat. (1987). To justify such a stop and
0 red0 yellow6 green0 procedural
CopyCited 16 times | Published | District Court of Appeal of Florida
reason for finding the seizure to be improper. Section
901.151, Florida Statutes (1975) is based on the holding
0 red0 yellow2 green0 procedural
CopyCited 8 times | Published | District Court of Appeal of Florida | 1997 WL 563422
violation of the criminal laws of this state." §
901.151(2), Fla. Stat. (1993). However, a valid stop does
0 red0 yellow14 green0 procedural
CopyCited 9 times | Published | District Court of Appeal of Florida | 12 Fla. L. Weekly 2360
evidence. The Florida Stop and Frisk Law, Section
901.151, Florida Statutes (1985), provides in part:
0 red0 yellow10 green0 procedural
CopyCited 9 times | Published | District Court of Appeal of Florida | 1994 WL 561861
justified under Florida's Stop and Frisk Law, section
901.151, Florida Statutes (1991). Shaw v. State, 611
0 red0 yellow10 green0 procedural
CopyCited 8 times | Published | Florida 3rd District Court of Appeal | 2007 WL 1931364
codified in Florida's Stop and Frisk Law. Section
901.151(2), Fla. Stat. (2006), provides, in relevant
0 red0 yellow13 green0 procedural
CopyCited 8 times | Published | District Court of Appeal of Florida | 1994 WL 655158
the officer must release that defendant. See §
901.151 Fla. Stat. (1993). Any further detention of that
0 red1 yellow11 green0 procedural
CopyCited 13 times | Published | District Court of Appeal of Florida
committing, or is about to commit a crime. Section
901.151, Florida Statutes (1981); Kearse v. State,
0 red1 yellow2 green0 procedural
CopyCited 13 times | Published | District Court of Appeal of Florida
0 red0 yellow3 green0 procedural
CopyCited 13 times | Published | District Court of Appeal of Florida | 1988 WL 26124
permissible under the "stop and frisk" law, section
901.151, Florida Statutes. To justify such a stop and
0 red0 yellow3 green0 procedural
CopyCited 10 times | Published | District Court of Appeal of Florida
appeal ensued. Our "stop and frisk" law, Florida Statute
901.151(2) (1979), provides: Whenever any law enforcement
0 red0 yellow6 green0 procedural
CopyCited 10 times | Published | District Court of Appeal of Florida | 1991 WL 27161
degree to a felony of the third degree. [2] §
901.151, Fla. Stat. (1983).
0 red0 yellow6 green0 procedural
CopyCited 9 times | Published | District Court of Appeal of Florida | 1990 WL 35923
evidentiary support for that finding in this record. Section
901.151, Florida Statutes (1989), provides that a law
0 red0 yellow8 green0 procedural
CopyCited 9 times | Published | District Court of Appeal of Florida | 1989 WL 36160
albeit a temporary one of a person. See section
901.151, Florida Statutes; Terry v. Ohio, 392 U.S.
0 red0 yellow8 green0 procedural
CopyCited 8 times | Published | District Court of Appeal of Florida | 1996 WL 65791
is committing, or is about to commit a crime. §
901.151(2), Fla.Stat. (1993); Brown v. State, 636 So.2d
0 red0 yellow10 green0 procedural
CopyCited 8 times | Published | District Court of Appeal of Florida | 1998 WL 842795
0 red0 yellow10 green0 procedural
CopyCited 11 times | Published | District Court of Appeal of Florida
temporary detention of appellant allowed by Section
901.151, Florida Statutes (1975), the officer's actions
0 red0 yellow4 green0 procedural
CopyCited 9 times | Published | District Court of Appeal of Florida | 1991 WL 110466
0 red0 yellow7 green0 procedural
CopyCited 10 times | Published | District Court of Appeal of Florida
0 red0 yellow5 green0 procedural
CopyCited 10 times | Published | District Court of Appeal of Florida | 1989 WL 87560
permissible under Florida's "Stop and Frisk Law." See §
901.151, Fla. Stat. (1987); Terry v. Ohio,
392 U.S. 10 red0 yellow5 green0 procedural
CopyCited 10 times | Published | District Court of Appeal of Florida | 10 Fla. L. Weekly 931
Deputy Moch searched appellant's vehicle. Section
901.151(2), Florida Statutes (1981), Florida's Stop
0 red0 yellow5 green0 procedural
CopyCited 9 times | Published | District Court of Appeal of Florida
The Terry standards have been codified in Section
901.151, Florida Statutes (1977), which provides in
0 red0 yellow6 green0 procedural
CopyCited 9 times | Published | District Court of Appeal of Florida | 1991 WL 164402
motion to suppress. We agree and reverse. Section
901.151(2), Florida Statutes (1987), Florida's Stop
0 red0 yellow6 green0 procedural
CopyCited 7 times | Published | District Court of Appeal of Florida | 1996 WL 460696
than an ordinary investigatory stop under section
901.151, Florida Statutes. Since Miranda warnings are
0 red0 yellow12 green0 procedural
CopyCited 8 times | Published | District Court of Appeal of Florida | 1989 WL 112136
DCA 1988). The Florida Stop and Frisk Law, section
901.151(2), Florida Statutes (1987), permits a law
0 red0 yellow8 green0 procedural
CopyCited 8 times | Published | District Court of Appeal of Florida
state" sufficient to justify a stop under Section
901.151(2), Florida Statutes (1979), Florida's Stop
0 red0 yellow8 green0 procedural
CopyCited 13 times | Published | District Court of Appeal of Florida
result of the illegal entries, relying on section
901.151, Florida Statutes (1976) and Terry v. Ohio
0 red0 yellow2 green0 procedural
CopyCited 7 times | Published | District Court of Appeal of Florida | 1996 WL 720490
S.Ct. 2366,
124 L.Ed.2d 273 (1993). Under section
901.151, Florida Statutes (1995), an officer may temporarily
0 red0 yellow11 green0 procedural
CopyCited 8 times | Published | District Court of Appeal of Florida | 1988 WL 60472
this case cannot sustain such a finding. See §
901.151. To the extent that Zaner can be interpreted to
0 red1 yellow6 green0 procedural
CopyCited 7 times | Published | District Court of Appeal of Florida
Thomas v. State,
250 So.2d 15 (Fla.1st DCA 1971); §
901.151, Fla. Stat. (1977). A formal arrest, on the other
0 red0 yellow10 green0 procedural
CopyCited 7 times | Published | District Court of Appeal of Florida | 1999 WL 1221651
concerned for his, and his partner's, safety. See §
901.151(5), Fla. Stat. (1997); Terry, 392 U.S. at 21-27
0 red0 yellow10 green0 procedural
CopyCited 9 times | Published | District Court of Appeal of Florida
pursuant to Florida's Stop and Frisk Law, section
901.151, Florida Statutes (1983). Specifically, defendant
0 red0 yellow5 green0 procedural
CopyCited 9 times | Published | District Court of Appeal of Florida
investigatory stop under the Stop and Frisk law, Section
901.151, Florida Statutes (1977). We think, however
0 red0 yellow5 green0 procedural
CopyCited 6 times | Published | District Court of Appeal of Florida
as is required by the Law for such a stop. See §
901.151, Florida Statutes. 2. The group of men of which
0 red0 yellow14 green0 procedural
CopyCited 12 times | Published | District Court of Appeal of Florida
reverse. The Stop and Frisk Statute, Fla. Stat. §
901.151(2) (1975), provides there must be circumstances
0 red0 yellow2 green0 procedural
CopyCited 12 times | Published | District Court of Appeal of Florida | 1988 WL 84055
to commit a crime justifying a stop under section
901.151, Florida Statutes. Furthermore, based upon
0 red0 yellow2 green0 procedural
CopyCited 8 times | Published | District Court of Appeal of Florida | 1997 WL 231489
validate the subsequent seizure of contraband. See §
901.151, Fla.Stat. (1995); Lang v. State,
671 So.2d 2920 red0 yellow6 green0 procedural
CopyCited 8 times | Published | District Court of Appeal of Florida | 1994 WL 151371
is committing, or is about to commit a crime. §
901.151(2), Fla. Stat. (1991); Randall v. State, 600 So
0 red0 yellow6 green0 procedural
CopyCited 8 times | Published | District Court of Appeal of Florida | 1988 WL 32047
facts. To justify a temporary detention under section
901.151, the Florida Stop and Frisk Law, the officer
0 red0 yellow6 green0 procedural
CopyCited 7 times | Published | District Court of Appeal of Florida | 1999 WL 147652
is committing, or is about to commit a crime. §
901.151, Fla. Stat. (1991). In order not to violate a
0 red0 yellow8 green0 procedural
CopyCited 7 times | Published | Florida 2nd District Court of Appeal | 2007 WL 2120135
committing, or is about to commit a crime"); §
901.151(2), Fla. Stat. (2006). Furthermore, the reasonable
0 red0 yellow8 green0 procedural
CopyCited 9 times | Published | District Court of Appeal of Florida | 1988 WL 44492
DCA 1983), approved,
452 So.2d 562 (Fla. 1984); §
901.151, Fla. Stat. (1987). "A `founded' suspicion is
0 red0 yellow4 green0 procedural
CopyCited 9 times | Published | Florida 1st District Court of Appeal | 2000 WL 139229
and Frisk Law requires at least as much. See §
901.151(5), Fla. Stat. (1997). ("Whenever any law enforcement
0 red0 yellow4 green0 procedural
CopyCited 8 times | Published | District Court of Appeal of Florida
bulge in defendant's pocket was a weapon. Section
901.151, Florida Statutes (1981), sets out the procedure
0 red0 yellow5 green0 procedural
CopyCited 8 times | Published | District Court of Appeal of Florida | 1994 WL 502625
robbery. It is well established that under section
901.151, Florida Statutes, to justify a stop or any
0 red0 yellow5 green0 procedural
CopyCited 8 times | Published | District Court of Appeal of Florida | 1991 WL 74813
found a baggie containing a trace of cocaine. Section
901.151(2), Florida Statutes (1987), authorizes a temporary
0 red0 yellow5 green0 procedural
CopyCited 7 times | Published | District Court of Appeal of Florida | 1990 WL 183830
to allow an investigative stop pursuant to section
901.151, Florida Statutes (1989). Spann held that when
0 red0 yellow7 green0 procedural
CopyCited 7 times | Published | Florida 2nd District Court of Appeal | 2001 WL 37703
committing or was about to commit a crime. See §
901.151, Fla.Stat. (1997); Popple v. State, 626 So.2d
0 red0 yellow7 green0 procedural
CopyCited 6 times | Published | Florida 4th District Court of Appeal | 2004 WL 2725963
0 red0 yellow10 green0 procedural
CopyCited 9 times | Published | District Court of Appeal of Florida
questioning which led to the arrest. Pursuant to section
901.151, Florida Statutes (1979), and Terry v. Ohio
0 red0 yellow3 green0 procedural
CopyCited 6 times | Published | District Court of Appeal of Florida | 1993 WL 95538
committing, or is about to commit a crime. Section
901.151, Fla. Stat. (1989). To justify a temporary
0 red0 yellow9 green0 procedural
CopyCited 6 times | Published | District Court of Appeal of Florida | 1996 WL 355048
suspicion that a suspect is armed and dangerous. See §
901.151(5), Fla. Stat. (1993). See State v. Webb, 398
0 red0 yellow9 green0 procedural
CopyCited 19 times | Published | District Court of Appeal of Florida
committing, or is about to commit a crime. Section
901.151, Florida Statutes (1981); Kearse v. State,
CopyCited 8 times | Published | District Court of Appeal of Florida
0 red0 yellow4 green0 procedural
CopyCited 8 times | Published | Florida 5th District Court of Appeal | 2002 WL 126052
of committing, or are about to commit a crime. §
901.151(2), Fla. Stat. (1996); Hunter v. State, 660 So
0 red0 yellow4 green0 procedural
CopyCited 8 times | Published | District Court of Appeal of Florida | 1991 WL 273720
itself was improper. The state's reliance on section
901.151 is misplaced. First, this was not a Terry stop
0 red0 yellow4 green0 procedural
CopyCited 8 times | Published | District Court of Appeal of Florida
probation. The Florida "stop and frisk" law, Section
901.151, Florida Statutes (1975) provides in subsection
0 red0 yellow4 green0 procedural
CopyCited 10 times | Published | District Court of Appeal of Florida
this appeal is from that order. We reverse. Section
901.151, Florida Statutes (1975), provides in part
0 red0 yellow2 green0 procedural
CopyCited 6 times | Published | District Court of Appeal of Florida | 1988 WL 112294
0 red0 yellow8 green0 procedural
CopyCited 6 times | Published | District Court of Appeal of Florida | 1998 WL 771419
So.2d 786 (Fla. 2d DCA 1992). Furthermore, section
901.151(5), Florida Statutes (1995), requires probable
0 red0 yellow8 green0 procedural
CopyCited 6 times | Published | District Court of Appeal of Florida | 1991 WL 125724
0 red0 yellow8 green0 procedural
CopyCited 6 times | Published | Florida 3rd District Court of Appeal | 2002 WL 54539
a founded suspicion of criminal activity. See §
901.151, Fla. Stat. (2000)(Florida's Stop and Frisk Law)
0 red0 yellow8 green0 procedural
CopyCited 6 times | Published | District Court of Appeal of Florida
0 red0 yellow8 green0 procedural
CopyCited 12 times | Published | District Court of Appeal of Florida
Stevens,
354 So.2d 1244 (Fla. 4th DCA 1978); §
901.151, Fla. Stat. (1981). A founded suspicion is a suspicion
0 red0 yellow1 green0 procedural
CopyCited 7 times | Published | District Court of Appeal of Florida
(1968), and Florida's "Stop and Frisk Law", Section
901.151, Florida Statutes (1977). The trial court was
0 red0 yellow5 green0 procedural
CopyCited 7 times | Published | District Court of Appeal of Florida | 1988 WL 138508
0 red0 yellow5 green0 procedural
CopyCited 7 times | Published | District Court of Appeal of Florida | 1996 WL 728341
a crime, the seizure is unreasonable. Popple; §
901.151(2). When an individual is unreasonably seized
0 red0 yellow5 green0 procedural
CopyCited 6 times | Published | District Court of Appeal of Florida | 1997 WL 114934
inquiry in the nature of a Terry[2] stop. See §
901.151(2), (5), Fla. Stat. (1993). See also T.J., 538
0 red0 yellow7 green0 procedural
Cited as authorityAgo (2002) CopyCited 6 times | Published | District Court of Appeal of Florida | 1992 WL 382645
performing a weapons pat-down pursuant to section
901.151, Florida Statutes (1991), and that the state
0 red0 yellow7 green0 procedural
CopyCited 6 times | Published | Florida 2nd District Court of Appeal | 2000 WL 499375
committing, or is about to commit a crime. See §
901.151, Fla. Stat. (1997); Terry v. Ohio,
392 U.S. 10 red0 yellow7 green0 procedural
CopyCited 8 times | Published | District Court of Appeal of Florida | 1988 WL 18690
is committing, or is about to commit a crime. §
901.151, Fla. Stat. (1983). Although the detention may
0 red0 yellow3 green0 procedural
CopyCited 8 times | Published | District Court of Appeal of Florida | 1993 WL 86479
encounter at that moment turned into a stop under section
901.151, Florida Statutes (1991), because Brown was
0 red0 yellow3 green0 procedural
CopyCited 9 times | Published | District Court of Appeal of Florida
of the present case satisfy the function of Section
901.151, Florida Statutes (1975), and the pronouncements
0 red0 yellow2 green0 procedural
CopyCited 7 times | Published | District Court of Appeal of Florida
0 red0 yellow4 green0 procedural
CopyCited 7 times | Published | Florida 5th District Court of Appeal | 2002 WL 31486297
0 red0 yellow4 green0 procedural
CopyCited 7 times | Published | District Court of Appeal of Florida | 11 Fla. L. Weekly 2488
the boat. The Florida Stop and Frisk law, section
901.151, Florida Statutes (1985), provides in relevant
0 red0 yellow4 green0 procedural
CopyCited 7 times | Published | District Court of Appeal of Florida
State,
379 So.2d 121 (Fla. 5th DCA 1979). [2] §
901.151, Fla. Stat. (1979). [3] See New York v. Belton
0 red0 yellow4 green0 procedural
CopyCited 7 times | Published | District Court of Appeal of Florida | 12 Fla. L. Weekly 2075
stop within the stop and frisk law, Florida Section
901.151 and Terry vs. Ohio. The components of that
0 red2 yellow2 green0 procedural
CopyCited 6 times | Published | Florida 2nd District Court of Appeal | 2000 WL 1224751
committing, or is about to commit a crime. See §
901.151, Fla. Stat. (1997); Curtis v. State, 748 So.2d
0 red0 yellow6 green0 procedural
CopyCited 11 times | Published | District Court of Appeal of Florida
stop and interrogate appellant by virtue of Section
901.151, F.S. 1969, F.S.A., we are satisfied that the
0 red0 yellow1 green0 procedural
CopyCited 5 times | Published | District Court of Appeal of Florida
appellant under the "stop and frisk law", Section
901.151, Florida Statutes... . The above-related circumstances
0 red0 yellow9 green0 procedural
CopyCited 6 times | Published | District Court of Appeal of Florida | 1997 WL 605811
believe that the subject is an armed threat. §
901.151(5), Fla. Stat. (1995); State v. Webb, 398 So.2d
0 red0 yellow5 green0 procedural
CopyCited 6 times | Published | District Court of Appeal of Florida | 1992 WL 277252
or is about to commit a criminal offense. Section
901.151(2), Fla. Stat. (1989). An investigatory stop
0 red0 yellow5 green0 procedural
CopyCited 6 times | Published | District Court of Appeal of Florida | 1997 WL 715648
justify a pat-down under section
901.151, Florida Statutes. Section
901.151, also known as the "Florida
0 red0 yellow5 green0 procedural
CopyCited 6 times | Published | Florida 2nd District Court of Appeal | 2000 WL 6064
is committing, or is about to commit a crime. §
901.151, Fla. Stat. (1991). In order not to violate a
0 red0 yellow5 green0 procedural
CopyCited 6 times | Published | Florida 4th District Court of Appeal | 27 Fla. L. Weekly Fed. D 106
0 red0 yellow5 green0 procedural
CopyCited 6 times | Published | District Court of Appeal of Florida | 1990 WL 17498
0 red0 yellow5 green0 procedural
CopyCited 6 times | Published | District Court of Appeal of Florida | 1990 WL 12750
is committing, or is about to commit a crime. §
901.151, Fla. Stat. (1987). Although the detention may
0 red0 yellow5 green0 procedural
CopyCited 5 times | Published | District Court of Appeal of Florida
subjected to a stop and frisk pursuant to Section
901.151, Florida Statutes (1981). The facts were insufficient
0 red0 yellow8 green0 procedural
CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 2006 WL 1667350
seizure of the magazine and the gun violated section
901.151(5), Florida Statutes (2004), and the constitutions
0 red0 yellow8 green0 procedural
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 2008 WL 818817
committing, or is about to commit a crime. Id.; see §
901.151, Fla. Stat. (2005) ("Florida Stop and Frisk Law")
0 red0 yellow13 green0 procedural
CopyCited 10 times | Published | District Court of Appeal of Florida
v. Payton,
344 So.2d 648 (Fla. 2d DCA 1977); §
901.151, Fla. Stat. (1979). Thus, the legality of the
0 red0 yellow1 green0 procedural
CopyCited 7 times | Published | Florida 2nd District Court of Appeal | 2000 WL 1580391
committing, or is about to commit a crime. See §
901.151, Fla. Stat. (1999); Popple, 626 So.2d at 186;
0 red0 yellow3 green0 procedural
CopyCited 7 times | Published | District Court of Appeal of Florida
0 red0 yellow3 green0 procedural
CopyCited 7 times | Published | District Court of Appeal of Florida
considered in conjunction with Florida Statutes, Section
901.151 (Florida Stop and Frisk Law) or compared with
0 red0 yellow3 green0 procedural
CopyCited 8 times | Published | District Court of Appeal of Florida | 1991 WL 10433
justify a temporary stop in accordance with section
901.151, Florida Statutes. The predicate foundation
0 red0 yellow2 green0 procedural
CopyCited 5 times | Published | Florida 4th District Court of Appeal | 2004 WL 1335914
enough to support a stop. 626 So.2d at 186 (citing §
901.151, Fla. Stat. (1991)); Carter v. State, 454 So.2d
0 red0 yellow7 green0 procedural
CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 2001 WL 753812
0 red0 yellow7 green0 procedural
CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 2007 WL 1223854
grabbed P.B.P. and pulled him out of the house. Section
901.151(2), Florida Statutes (2004), which governs
0 red0 yellow7 green0 procedural
CopyCited 6 times | Published | District Court of Appeal of Florida | 1992 WL 341953
0 red0 yellow4 green0 procedural
CopyCited 6 times | Published | District Court of Appeal of Florida
was not authorized by the Stop and Frisk Law, §
901.151 Fla. Stat., or by the Retail Theft Detention and
0 red0 yellow4 green0 procedural
CopyCited 5 times | Published | District Court of Appeal of Florida | 1999 WL 1128819
In Taylor, the supreme court stated that section
901.151(2), Florida Statutes (1991),[1] permits a law
0 red0 yellow6 green0 procedural
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 2007 WL 2781134
0 red0 yellow10 green0 procedural
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 2008 WL 595925
we address the traffic stop and detention. Section
901.151(2), Florida Statutes (2006), states: Whenever
0 red0 yellow10 green0 procedural
CopyCited 4 times | Published | District Court of Appeal of Florida | 1991 WL 159161
GRIFFIN, Judge, dissenting. Subsection 5 of section
901.151, Florida Statutes (1989) provides: (5) Whenever
0 red0 yellow10 green0 procedural
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 2003 WL 21459598
0 red0 yellow9 green0 procedural
CopyCited 5 times | Published | District Court of Appeal of Florida | 1999 WL 992690
committing or is about to commit a crime. See §
901.151. While an investigatory stop was justified under
0 red0 yellow5 green0 procedural
CopyCited 5 times | Published | Florida 5th District Court of Appeal | 2008 WL 4889129
effect an arrest for further consideration. Section
901.151(3), Florida Statutes (2007), entitled "Stop
0 red0 yellow5 green0 procedural
CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 2004 WL 1057646
suspicion that the individual is armed with a weapon. §
901.151(5), Fla. Stat. (2003); State v. Webb, 398 So.2d
0 red0 yellow5 green0 procedural
CopyCited 5 times | Published | District Court of Appeal of Florida
he was transported to Young's home and that section
901.151(3), Florida Statutes (1981)[*] precluded transporting
0 red0 yellow5 green0 procedural
CopyCited 6 times | Published | District Court of Appeal of Florida | 1988 WL 113144
Thomas under the Florida Stop and Frisk Law, section
901.151, Florida Statutes (1985). Thomas argues that
0 red0 yellow3 green0 procedural
CopyCited 6 times | Published | District Court of Appeal of Florida | 12 Fla. L. Weekly 1519
is committing, or is about to commit a crime. §
901.151(2), Fla. Stat. (1985). The factual settings giving
0 red0 yellow3 green0 procedural
CopyCited 4 times | Published | Florida 3rd District Court of Appeal | 2001 WL 246080
0 red0 yellow8 green0 procedural
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 2000 WL 1879818
articulable suspicion of criminal activity. See §
901.151, Fla.Stat. (1997); Terry v. Ohio,
392 U.S. 1,
0 red0 yellow8 green0 procedural
CopyCited 5 times | Published | District Court of Appeal of Florida | 1991 WL 65952
his seizure of the cocaine rocks was lawful. Section
901.151(2), Florida Statutes (1989), in pertinent part
0 red0 yellow4 green0 procedural
CopyCited 5 times | Published | District Court of Appeal of Florida | 1989 WL 16620
0 red0 yellow4 green0 procedural
CopyCited 5 times | Published | District Court of Appeal of Florida
the police exceeded their authority under Section
901.151, Florida Statutes (1977), Florida's stop and
0 red0 yellow4 green0 procedural
CopyCited 5 times | Published | District Court of Appeal of Florida
0 red0 yellow4 green0 procedural
CopyCited 4 times | Published | District Court of Appeal of Florida | 10 Fla. L. Weekly 473
codified in the Florida Stop and Frisk Law, section
901.151, Florida Statutes (1983). Under that statute
0 red1 yellow6 green0 procedural
CopyCited 4 times | Published | District Court of Appeal of Florida | 1999 WL 1127621
is committing or is about to commit a crime. §
901.151(2), Fla. Stat. (1997)[4]; Terry; Popple v. State
0 red0 yellow7 green0 procedural
CopyCited 4 times | Published | District Court of Appeal of Florida
requirements of the "stop and frisk law", Section
901.151, Florida Statutes. A citizen, who had just
0 red0 yellow7 green0 procedural
CopyCited 8 times | Published | District Court of Appeal of Florida
to recite Florida Statute
901.151, F.S.A., the "Florida Stop and Frisk Law." F.S.
901.151, F.S.A. requires
0 red0 yellow1 green0 procedural
CopyCited 12 times | Published | District Court of Appeal of Florida | 12 Fla. L. Weekly 1184
may establish probable cause for arrest. See §
901.151, Fla. Stat. (1985); see also Bailey v. State,
CopyCited 4 times | Published | District Court of Appeal of Florida | 1999 WL 1036290
then is whether the detention was illegal. Section
901.151, Florida Statutes (1997), permits an officer
0 red0 yellow6 green0 procedural
CopyCited 4 times | Published | District Court of Appeal of Florida | 1997 WL 364519
established by Florida's Stop and Frisk Law. See §
901.151, Fla. Stat. (1995). See also Smith v. State, 592
0 red0 yellow6 green0 procedural
CopyCited 4 times | Published | District Court of Appeal of Florida | 1996 WL 168614
a founded suspicion of criminal activity. Section
901.151, Florida Statutes (1989); Terry. A founded
0 red0 yellow6 green0 procedural
CopyCited 3 times | Published | District Court of Appeal of Florida | 1992 WL 72018
cocaine and heroin inside the vehicle. Under section
901.151, Florida Statutes (1989), an officer must have
0 red0 yellow12 green0 procedural
CopyCited 6 times | Published | District Court of Appeal of Florida
crime before he may lawfully detain such person. §
901.151, Fla. Stat. (1979); State v. Stevens, 354 So.2d
0 red0 yellow2 green0 procedural
CopyCited 6 times | Published | District Court of Appeal of Florida | 10 Fla. L. Weekly 626
in seizing the weapon and arresting Walden. Section
901.151(5), Florida Statutes (1983); Herring v. State
0 red0 yellow2 green0 procedural
CopyCited 6 times | Published | District Court of Appeal of Florida
decision in this case requires an interpretation of §
901.151, F.S. 1973, commonly known as the "Stop and Frisk
0 red0 yellow2 green0 procedural
CopyCited 6 times | Published | District Court of Appeal of Florida
situation presented in this case. See, Fla. Stat. §
901.151(2), (6); see also, State v. Miller, Fla.App. 1972
0 red0 yellow2 green0 procedural
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 2006 WL 357889
seizure was not performed in compliance with section
901.151, because school personnel had no reasonable
0 red0 yellow11 green0 procedural
CopyCited 5 times | Published | District Court of Appeal of Florida
not valid under the Florida Stop and Frisk law. §
901.151, Fla. Stat. (1979). Detectives Pasto and Johnson
0 red0 yellow3 green0 procedural
CopyCited 5 times | Published | District Court of Appeal of Florida | 2000 WL 36284
are committing, or are about to commit a crime. §
901.151(2), Fla. Stat. (1993). A "mere" or "bare" suspicion
0 red0 yellow3 green0 procedural
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 2002 WL 971357
20 L.Ed.2d 889 (1968), and later cases, and section
901.151, Florida Statutes. The sole witness testifying
0 red0 yellow5 green0 procedural
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 2007 WL 911758
is committing, or is about to commit a crime. §
901.151, Fla. Stat. (1991). In order not to violate a
0 red0 yellow5 green0 procedural
CopyCited 4 times | Published | District Court of Appeal of Florida | 1998 WL 67105
is committing, or is about to commit a crime. §
901.151(2), Fla. Stat. (1995). A hunch or bare suspicion
0 red0 yellow5 green0 procedural
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 2008 WL 900302
articulable suspicion of criminal activity. See §
901.151(2), Fla. Stat. (2005) (authorizing an investigatory
0 red0 yellow9 green0 procedural
CopyCited 4 times | Published | District Court of Appeal of Florida | 1994 WL 203719
is committing, or is about to commit a crime. §
901.151, Fla. Stat. (1991); Randall v. State, 600 So.2d
0 red0 yellow4 green0 procedural
CopyCited 4 times | Published | District Court of Appeal of Florida | 1992 WL 98266
affirmative. Under the Florida Stop and Frisk Law, §
901.151, Fla. Stat. (1989), an officer may temporarily
0 red0 yellow4 green0 procedural
CopyCited 4 times | Published | Florida 3rd District Court of Appeal | 2003 WL 729244
suspicion that the detainee is armed and dangerous. §
901.151(5), Fla. Stat. (2001); Terry v. Ohio, 392 U.S
0 red0 yellow4 green0 procedural
CopyCited 4 times | Published | District Court of Appeal of Florida | 1997 WL 303247
crime. Therefore, this was not a Terry stop. See §
901.151, Fla. Stat. (1993); Terry v. Ohio,
392 U.S. 10 red0 yellow4 green0 procedural
CopyCited 5 times | Published | District Court of Appeal of Florida
Webb at 822. Florida's stop and frisk law, section
901.151, Florida Statutes (1981), requires probable
0 red0 yellow2 green0 procedural
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 2000 WL 827009
the safety of others, was in danger. See id.; §
901.151(5), Fla. Stat. (1997). The state asserts that
0 red0 yellow7 green0 procedural
CopyCited 3 times | Published | District Court of Appeal of Florida | 1992 WL 858
suspect is entitled to immediate release. See §
901.151(3), Fla. Stat. (1989); Florida v. Royer, 460 U
0 red0 yellow7 green0 procedural
CopyCited 6 times | Published | District Court of Appeal of Florida
necessary to disclose the presence of a weapon. Section
901.151, Fla. Stat. (1975); Williams v. State, 294
0 red0 yellow1 green0 procedural
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 2010 WL 979481
a threat to the officer or any other person. §
901.151(5), Fla. Stat. (2009). In J.L., however, the Florida
0 red0 yellow6 green0 procedural
CopyCited 4 times | Published | District Court of Appeal of Florida | 1988 WL 107126
0 red0 yellow3 green0 procedural
CopyCited 4 times | Published | District Court of Appeal of Florida | 12 Fla. L. Weekly 2657
Codie v. State,
406 So.2d 117 (Fla. 2d DCA 1981); §
901.151, Fla. Stat. (1985). A mere or bare suspicion is
0 red0 yellow3 green0 procedural
CopyCited 4 times | Published | District Court of Appeal of Florida | 1990 WL 96201
is committing, or is about to commit a crime. §
901.151, Fla. Stat. (1985); Terry v. Ohio,
392 U.S. 10 red0 yellow3 green0 procedural
CopyCited 4 times | Published | District Court of Appeal of Florida | 1998 WL 23215
believe that the subject is an armed threat. See §
901.151(5), Fla. Stat. (1995); State v. Webb, 398 So.2d
0 red0 yellow3 green0 procedural
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 2005 WL 120363
committing, or is about to commit a crime. See §
901.151(2), Fla. Stat. (1997); Terry v. Ohio, 392 U.S
0 red0 yellow3 green0 procedural
CopyCited 4 times | Published | District Court of Appeal of Florida | 1990 WL 10892
0 red0 yellow3 green0 procedural
CopyCited 4 times | Published | District Court of Appeal of Florida | 1992 WL 25817
151(2) and
322.32(1), Florida Statutes (1989). Section
901.151(2) provides: Whenever any law enforcement officer
0 red0 yellow3 green0 procedural
CopyCited 4 times | Published | District Court of Appeal of Florida | 1992 WL 362127
0 red0 yellow3 green0 procedural
CopyCited 4 times | Published | District Court of Appeal of Florida
0 red0 yellow3 green0 procedural
CopyCited 4 times | Published | District Court of Appeal of Florida
to justify even an investigative stop under section
901.151, Florida Statutes (1983). Nothing that transpires
0 red0 yellow3 green0 procedural
CopyCited 9 times | Published | District Court of Appeal of Florida
circumstances did not meet the standards of Section
901.151, Florida Statutes, the detention was invalid
0 red0 yellow0 green0 procedural
CopyCited 9 times | Published | District Court of Appeal of Florida
appropriate police response." The passage of Fla. Stat. §
901.151 (1973), commonly known as the "Stop and Frisk"
0 red0 yellow0 green0 procedural
CopyCited 4 times | Published | District Court of Appeal of Florida | 11 Fla. L. Weekly 2054
authorized by "Florida Stop and Frisk Law", F.S.
901.151 (1979). When Maxwell took defendant's driver's
0 red0 yellow2 green0 procedural
CopyCited 4 times | Published | District Court of Appeal of Florida | 1996 WL 23494
incident to a lawful arrest, but which came under section
901.151(5), Florida *436 Statutes (1993) (Florida stop
0 red0 yellow2 green0 procedural
CopyCited 4 times | Published | District Court of Appeal of Florida | 1995 WL 51097
is committing, or is about to commit a crime. §
901.151, Fla. Stat. (1993). Further, founded suspicion
0 red0 yellow2 green0 procedural
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 2008 WL 762540
was involved in the commission of a crime. See §
901.151(2), Fla Stat. (2006). In U.S. v. Sokolow, 490
0 red0 yellow4 green0 procedural
CopyCited 3 times | Published | District Court of Appeal of Florida | 1992 WL 15902
crack cocaine hidden in the appellant's mouth. Section
901.151, Fla. Stat. (1989), Florida Stop and Frisk
0 red0 yellow4 green0 procedural
CopyCited 3 times | Published | District Court of Appeal of Florida | 1998 WL 438806
is committing, or is about to commit a crime. §
901.151 Fla. Stat. (1991). In order not to violate a citizen's
0 red0 yellow4 green0 procedural
CopyCited 3 times | Published | District Court of Appeal of Florida | 1995 WL 497112
an investigatory stop of the automobile. See §
901.151, Fla. Stat. (1993). Defendant next contends that
0 red0 yellow4 green0 procedural
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 2004 WL 1809868
reasonable suspicion to stop his vehicle. See §
901.151(2), Fla. Stat. (2002); Terry v. Ohio, 392 U.S
0 red0 yellow4 green0 procedural
CopyCited 3 times | Published | District Court of Appeal of Florida | 1992 WL 81055
0 red0 yellow4 green0 procedural
CopyCited 5 times | Published | District Court of Appeal of Florida | 1995 WL 642672
committing, or were about to commit a crime." §
901.151, Fla. Stat. (1993); McCreary v. State, 538 So
0 red0 yellow1 green0 procedural
CopyCited 5 times | Published | District Court of Appeal of Florida
question regarding the "stop-and-frisk law," F.S. §
901.151, F.S.A., has been succinctly and clearly discussed
0 red0 yellow1 green0 procedural
CopyCited 3 times | Published | District Court of Appeal of Florida | 1994 WL 575457
Popple v. State,
626 So.2d 185 (Fla. 1993); §
901.151 Fla. Stat. (1991). Mere or bare suspicion is not
0 red0 yellow3 green0 procedural
CopyCited 3 times | Published | District Court of Appeal of Florida | 1999 WL 495487
is about to commit a crime. See id.; see also §
901.151(2), Fla. Stat. (1995). The testimony at the suppression
0 red0 yellow3 green0 procedural
CopyCited 3 times | Published | District Court of Appeal of Florida | 11 Fla. L. Weekly 1047
criminal activity or else the stop is illegal. §
901.151, Fla. Stat. (1977); Whitley v. State, 349 So.2d
0 red0 yellow3 green0 procedural
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 2001 WL 245948
1992). Under Florida's "Stop and Frisk Law," section
901.151, Florida Statutes (1997), law enforcement officers
0 red0 yellow3 green0 procedural
CopyCited 3 times | Published | District Court of Appeal of Florida | 1996 WL 695286
and seizure of the evidence was violative of section
901.151, Florida Statutes (1995) [Stop and Frisk Law]
0 red0 yellow3 green0 procedural
CopyCited 3 times | Published | District Court of Appeal of Florida
appellant under the "stop and frisk law", Section
901.151, Florida Statutes. That statute provides in
0 red0 yellow3 green0 procedural
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 2008 WL 3851695
is committing, or is about to commit a crime. §
901.151(2), Fla. Stat. (1999); see also Terry, 392 U.S
0 red0 yellow3 green0 procedural
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2005 WL 2253895
v. State,
626 So.2d 185 (Fla.1993); see also §
901.151, Fla. Stat. (2003). A founded suspicion is: one
0 red0 yellow6 green0 procedural
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 2011 WL 6373008
0 red0 yellow6 green0 procedural
CopyCited 4 times | Published | District Court of Appeal of Florida
and justified under the provisions of F.S. Section
901.151, F.S.A., commonly known as the "stop and frisk
0 red0 yellow1 green0 procedural
CopyCited 4 times | Published | District Court of Appeal of Florida | 1993 WL 356917
indicate a person has violated a criminal law. §
901.151, Fla. Stat. (1991). Officer Walker's observation
0 red0 yellow1 green0 procedural
CopyCited 4 times | Published | District Court of Appeal of Florida | 1990 WL 157749
were insufficient to justify a stop under section
901.151, Florida Statutes. In view of the unlawful
0 red0 yellow1 green0 procedural
CopyCited 4 times | Published | District Court of Appeal of Florida | 1994 WL 267926
Ct. 1868,
20 L.Ed.2d 889 (1968), codified section
901.151, Florida Statutes. We further find that pursuant
0 red0 yellow1 green0 procedural
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2007 WL 1789299
Further, the seizure was not pursuant to section
901.151, Florida Statutes (2005), Florida's Stop and
0 red0 yellow5 green0 procedural
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2003 WL 21918798
is committing, or is about to commit a crime. §
901.151(2), Fla. Stat. (2001); Popple, 626 So.2d at 186;
0 red0 yellow5 green0 procedural
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 2001 WL 326668
0 red0 yellow5 green0 procedural
CopyCited 3 times | Published | District Court of Appeal of Florida | 1989 WL 117124
frisk the driver and occupants pursuant to section
901.151(2), Florida Statutes (1987), and Terry v. Ohio
0 red0 yellow2 green0 procedural
CopyCited 3 times | Published | District Court of Appeal of Florida | 1994 WL 583281
is committing, or is about to commit a crime. §
901.151. Fla. Stat. (1991); Randall v. State, 600 So.2d
0 red0 yellow2 green0 procedural
CopyCited 3 times | Published | District Court of Appeal of Florida | 1996 WL 637649
0 red0 yellow2 green0 procedural
CopyCited 3 times | Published | District Court of Appeal of Florida | 1997 WL 694930
directions. ALLEN and MICKLE, JJ., concur. NOTES [1] §
901.151, Fla. Stat.(1995). [2] "The meaning of `probable
0 red0 yellow2 green0 procedural
CopyCited 3 times | Published | District Court of Appeal of Florida
authorized under the Florida stop and frisk law. Section
901.151, Florida Statutes (1979). The initial investigatory
0 red0 yellow2 green0 procedural
CopyCited 3 times | Published | District Court of Appeal of Florida
the scope of the Florida Stop and Frisk Law, Section
901.151, Florida Statutes (1981). That section authorizes
0 red0 yellow2 green0 procedural
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 2000 WL 35828
committing, or is about to commit a crime. See §
901.151(2), Fla. Stat. (1997); Popple v. State, 626 So
0 red0 yellow2 green0 procedural
CopyCited 3 times | Published | District Court of Appeal of Florida | 11 Fla. L. Weekly 2650
investigatory stop under the Florida Stop and Frisk law. §
901.151, Fla. Stat. (1985); see Terry v. Ohio, 392 U.S
0 red0 yellow2 green0 procedural
CopyCited 6 times | Published | District Court of Appeal of Florida
turned out to be the pistol in question. See F.S. §
901.151 F.S.A. and Terry v. Ohio,
392 U.S. 1, 88 S.Ct
0 red0 yellow0 green0 procedural
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2008 WL 1809317
is committing, or is about to commit a crime. §
901.151, Fla. Stat. (1991). In order not to violate a
0 red0 yellow17 green0 procedural
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2007 WL 2890086
0 red0 yellow4 green0 procedural
CopyCited 2 times | Published | District Court of Appeal of Florida | 1997 WL 282352
that he was committing a criminal offense. See §
901.151(2), Fla. Stat. (1995). Probable cause to arrest
0 red0 yellow4 green0 procedural
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2004 WL 1057807
committing, or is about to commit a crime. Id.; §
901.151, Fla. Stat. (2001). When the Wildlife officer
0 red0 yellow4 green0 procedural
CopyCited 2 times | Published | District Court of Appeal of Florida | 1988 WL 24170
product of an impermissible weapons search under section
901.151, Florida Statutes (1985),[1] since Brown had
0 red0 yellow4 green0 procedural
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2003 WL 1239970
0 red0 yellow4 green0 procedural
CopyCited 2 times | Published | District Court of Appeal of Florida | 1998 WL 430355
0 red0 yellow4 green0 procedural
CopyCited 2 times | Published | District Court of Appeal of Florida | 1996 WL 419033
conducted in violation of the stop and frisk law, section
901.151(5), Florida Statutes, and article I, section
0 red0 yellow4 green0 procedural
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2007 WL 2119157
is committing, or is about to commit a crime. §
901.151, Fla. Stat. (1991). In order not to violate a
0 red0 yellow4 green0 procedural
CopyCited 2 times | Published | District Court of Appeal of Florida | 1997 WL 400112
0 red0 yellow4 green0 procedural
CopyCited 2 times | Published | District Court of Appeal of Florida | 1991 WL 16310
has committed or is about to commit a crime. §
901.151, Fla. Stat. (1989) (Florida Stop and Frisk Law)
0 red0 yellow4 green0 procedural
CopyCited 2 times | Published | District Court of Appeal of Florida | 1991 WL 53541
is committing, or is about to commit a crime. §
901.151, Fla. Stat. (1989); Terry v. Ohio,
392 U.S. 10 red0 yellow4 green0 procedural
CopyCited 2 times | Published | District Court of Appeal of Florida | 11 Fla. L. Weekly 1175
0 red0 yellow3 green0 procedural
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2006 WL 1541248
0 red0 yellow3 green0 procedural
CopyCited 2 times | Published | District Court of Appeal of Florida | 1999 WL 44084
revealing the presence of the firearm. Under section
901.151(5), Florida Statutes (1995), an officer must
0 red0 yellow3 green0 procedural
CopyCited 2 times | Published | District Court of Appeal of Florida
was no founded suspicion for the stop under Section
901.151(2), Florida Statutes (1979) and no probable
0 red0 yellow3 green0 procedural
CopyCited 2 times | Published | District Court of Appeal of Florida | 1987 WL 3373
involves determining the defendant's identity. See §
901.151, Fla. Stat. (1985); Pennsylvania v. Mimms, 434
0 red0 yellow3 green0 procedural
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2010 WL 3023327
0 red0 yellow3 green0 procedural
CopyCited 2 times | Published | District Court of Appeal of Florida
founded suspicion necessary to justify a stop. See §
901.151, Fla. Stat. (1991); Terry v. Ohio,
392 U.S. 10 red0 yellow3 green0 procedural
CopyCited 2 times | Published | District Court of Appeal of Florida | 1990 WL 41245
scope permitted under section
901.151, Fla. Stat.," and we agree. Section
901.151 is the "Florida Stop
0 red0 yellow3 green0 procedural
CopyCited 5 times | Published | District Court of Appeal of Florida
The appellant calls the court's attention to Section
901.151, F.S. 1969, F.S.A., and contends that this
0 red0 yellow0 green0 procedural
CopyCited 5 times | Published | District Court of Appeal of Florida
justified under the Florida Stop and Frisk Law (Section
901.151, F.S.) nor did it comply with case law construing
0 red0 yellow0 green0 procedural
CopyCited 3 times | Published | District Court of Appeal of Florida | 1997 WL 716072
0 red0 yellow1 green0 procedural
CopyCited 3 times | Published | District Court of Appeal of Florida | 1990 WL 79112
policy, it does not comply with existing law. Section
901.151, Florida Statutes (1987) requires that before
0 red0 yellow1 green0 procedural
CopyCited 3 times | Published | District Court of Appeal of Florida
to make a frisk for their own safety under section
901.151, Florida Statutes (1979). Of course, at the
0 red0 yellow1 green0 procedural
CopyCited 3 times | Published | District Court of Appeal of Florida
suspicion," then the Florida Stop and Frisk law, section
901.151(2), Florida Statutes (1979), gives the authority
0 red0 yellow1 green0 procedural
CopyCited 1 times | Published | District Court of Appeal of Florida | 1999 WL 436810
defendant merely cited the stop and frisk law, section
901.151(5), Florida Statutes. In order to preserve
0 red0 yellow9 green0 procedural
CopyCited 2 times | Published | District Court of Appeal of Florida
crime before he may lawfully detain such person. §
901.151, Fla. Stat. (1979); State v. Stevens, 354 So.2d
0 red0 yellow2 green0 procedural
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 2006 WL 2714271
is committing, or is about to commit a crime. §
901.151(2), Fla. Stat. (2004); Terry v. Ohio, 392 U.S
0 red0 yellow2 green0 procedural
CopyCited 2 times | Published | District Court of Appeal of Florida | 1998 WL 96747
is about to commit a violation of the law. See §
901.151, Fla. Stat. (1995). The facts present in the instant
0 red0 yellow2 green0 procedural
CopyCited 2 times | Published | District Court of Appeal of Florida | 10 Fla. L. Weekly 951
appellant under the Stop and Frisk Statute, section
901.151, Florida Statutes (1983). We disagree with
0 red0 yellow2 green0 procedural
CopyPublished | Court of Appeals for the Eleventh Circuit
Argued: Aug 11, 2021
ble suspicion of criminal activity. §
901.151, Fla. Stat. (2017). Then, if there
0 red0 yellow74 green0 procedural
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2008 WL 2228864
committing, or is about to commit a crime. See §
901.151, Fla. Stat. (2007). A reasonable suspicion of
0 red0 yellow6 green0 procedural
CopyCited 4 times | Published | District Court of Appeal of Florida | 1997 WL 282356
believe he was committing or had committed a crime. §
901.151(2), Fla. Stat. (1995). Certainly, they were justified
0 red0 yellow0 green0 procedural
CopyCited 4 times | Published | District Court of Appeal of Florida | 1991 WL 77667
committing or were about to commit a criminal offense. §
901.151(2), Fla. Stat. (1989). See Curry v. State, 570
0 red0 yellow0 green0 procedural
CopyCited 4 times | Published | District Court of Appeal of Florida | 1991 WL 38142
commit a crime justifying a stop pursuant to section
901.151, Florida Statutes (1989). Peabody v. State
0 red0 yellow0 green0 procedural
CopyCited 4 times | Published | District Court of Appeal of Florida
violated neither constitutional standards nor section
901.151, Fla. Stat. (1981). We agree and reverse. At
0 red0 yellow0 green0 procedural
CopyCited 4 times | Published | District Court of Appeal of Florida
bulge] was in the place a wallet might be at." F.S.
901.151, recognizes the principles set forth in Terry
0 red0 yellow0 green0 procedural
CopyCited 1 times | Published | Florida 5th District Court of Appeal
is committing, or is about to commit a crime. §
901.151(2), Fla. Stat. (2014);
0 red0 yellow5 green0 procedural
CopyCited 2 times | Published | District Court of Appeal of Florida
(1968) and Florida's "Stop and Frisk" law, Section
901.151, Florida Statutes (1979). The appellant also
0 red0 yellow1 green0 procedural
CopyCited 2 times | Published | District Court of Appeal of Florida | 1990 WL 175050
0 red0 yellow1 green0 procedural
CopyCited 2 times | Published | District Court of Appeal of Florida | 11 Fla. L. Weekly 573
contemplated by Florida's stop and frisk law (F.S.
901.151) nor under the case law evolving from Terry
0 red0 yellow1 green0 procedural
CopyCited 2 times | Published | District Court of Appeal of Florida | 1995 WL 124680
down violative of Florida's Stop and Frisk Law. §
901.151, Fla. Stat. (1993). The trial court further found
0 red0 yellow1 green0 procedural
CopyCited 2 times | Published | District Court of Appeal of Florida
0 red0 yellow1 green0 procedural
CopyCited 2 times | Published | District Court of Appeal of Florida
denial thereof was reversible error. Fla. Stat. §
901.151, F.S.A. requires circumstances reasonably indicating
0 red0 yellow1 green0 procedural
CopyCited 2 times | Published | District Court of Appeal of Florida | 1994 WL 248257
necessary for a Terry stop or a stop pursuant to section
901.151(2), Florida Statutes (1989), does not arise
0 red0 yellow1 green0 procedural
CopyCited 2 times | Published | District Court of Appeal of Florida | 1980 Fla. App. LEXIS 16970
arrival at the scene. The result here hinges on Section
901.151, Florida Statutes (1979), our "Stop and Frisk
0 red0 yellow1 green0 procedural
CopyCited 1 times | Published | Florida 1st District Court of Appeal
is committing, or is about to commit a crime. §
901.151, Fla. Stat. (2012), Terry v. Ohio,
0 red0 yellow3 green0 procedural
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2007 WL 2713556
0 red0 yellow3 green0 procedural
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2002 WL 31641416
0 red0 yellow3 green0 procedural
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2009 Fla. App. LEXIS 1258, 2009 WL 383589
pat-down search exceeded the scope authorized by section
901.151 of the Florida Statutes and that the evidence
0 red0 yellow3 green0 procedural
CopyCited 3 times | Published | District Court of Appeal of Florida
of appellant pursuant to the provisions of Section
901.151 Florida Statutes (1977). After patting down
0 red0 yellow0 green0 procedural
CopyCited 3 times | Published | District Court of Appeal of Florida
2d 423 (Fla. 4th DCA 1978). Rather, under Section
901.151(5), Florida Statutes (1981), the officer must
0 red0 yellow0 green0 procedural
CopyCited 3 times | Published | District Court of Appeal of Florida
circumstances and in my view it would be "founded." Section
901.151, Florida Statute (1977) does not require probable
0 red0 yellow0 green0 procedural
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2006 WL 2787330
is committing, or is about to commit a crime. §
901.151 Fla.Stat. (1991). In order not to violate a citizen's
0 red0 yellow2 green0 procedural
CopyCited 1 times | Published | District Court of Appeal of Florida | 1988 WL 96454
might be sufficient for a stop and frisk under section
901.151, Florida Statutes, such "pat-down" or "frisk"
0 red0 yellow2 green0 procedural
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2008 WL 2220838
State,
610 So.2d 72 (Fla. 2d DCA 1992); see also §
901.151, Fla. Stat. (2006). Routine patdown searches based
0 red0 yellow2 green0 procedural
CopyCited 1 times | Published | District Court of Appeal of Florida
further detainment of appellant by relying on Section
901.151, Florida's stop and frisk statute. Although
0 red0 yellow2 green0 procedural
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2007 WL 4561576
committing, or is about to commit a crime." Id.; §
901.151(2), Fla. Stat. (2006). The third level is an "arrest
0 red0 yellow2 green0 procedural
CopyCited 2 times | Published | District Court of Appeal of Florida | 1990 WL 62906
investigative stop of the defendant under section
901.151, Florida Statutes (1987). The court granted
0 red0 yellow0 green0 procedural
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2010 Fla. App. LEXIS 3621
a threat to the officer or any other person. §
901.151(5), Fla. Stat. (2009). In J.L., however, the Florida
CopyCited 2 times | Published | District Court of Appeal of Florida | 1990 WL 73205
founded suspicion to support a stop under section
901.151, Florida Statutes (1987), but argued that there
0 red0 yellow0 green0 procedural
CopyCited 2 times | Published | District Court of Appeal of Florida | 1995 Fla. App. LEXIS 6812
or to enter his home without a warrant. See §
901.151, .19, Fla. Stat. (1993). The police investigation
CopyCited 2 times | Published | District Court of Appeal of Florida
recognized exceptions to warrantless searches. Section
901.151, Florida Statutes (1979), gives an officer
0 red0 yellow0 green0 procedural
CopyCited 2 times | Published | District Court of Appeal of Florida | 1989 WL 99699
activity and detention under the Stop and Frisk Law. §
901.151, Fla. Stat. (1987);[1]Tippins v. State, 454 So
0 red0 yellow0 green0 procedural
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2007 Fla. App. LEXIS 6364
grabbed P.B.P. and pulled him out of the house. Section
901.151(2), Florida Statutes (2004), which governs
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2006 WL 3734273
facts, reasonably warrant this type of intrusion. §
901.151(2), Fla. Stat. (2005); Terry v. Ohio, 392 U.S
0 red0 yellow1 green0 procedural
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2001 WL 1589187
0 red0 yellow1 green0 procedural
CopyPublished | District Court of Appeal of Florida | 1979 Fla. App. LEXIS 14664
justify the search of his person pursuant to Section
901.151(5), Florida Statutes (1977), and Terry v. Ohio
0 red0 yellow6 green0 procedural
CopyPublished | District Court of Appeal of Florida | 10 Fla. L. Weekly 606, 1985 Fla. App. LEXIS 12629
2d 889 (1968), and *670our Florida Statute, section
901.151, Florida Statutes (1983). As pointed out by
0 red0 yellow4 green0 procedural
CopyPublished | District Court of Appeal of Florida | 1983 Fla. App. LEXIS 24066
therefore the stop was not authorized by Section
901.151, Florida Statutes.2 Although appellee’s brief
0 red0 yellow3 green0 procedural
CopyPublished | District Court of Appeal of Florida | 1982 Fla. App. LEXIS 19997
activity. Thus, DiBello had grounds under section
901.151(2), Florida Statutes (1979), Florida’s “stop
0 red0 yellow3 green0 procedural
CopyPublished | Court of Appeals for the Eleventh Circuit
Argued: Jun 9, 2022
that statement by citing Florida Statute §
901.151(2) 11 and three U.S. Supreme Court decisions.
0 red0 yellow3 green0 procedural
CopyCited 1 times | Published | District Court of Appeal of Florida | 1999 WL 817835
him about the robbery. Id.; see also Fla. Stat. §
901.151(2) (1997). Accordingly, we affirm appellant's
0 red0 yellow0 green0 procedural
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2007 WL 2126275
authorized to perform an investigatory stop. See §
901.151(2), Fla. Stat. (2005); Terry v. Ohio, 392 U.S
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2010 Fla. App. LEXIS 10682
So.2d 1169, 1171 (Fla. 2d DCA 2006); see also §
901.151, Fla. Stat. (2005). There was no reasonable indication
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2002 Fla. App. LEXIS 261
a founded suspicion of criminal activity. See §
901.151, Fla. Stat. (2000)(Florida’s Stop and Frisk Law)
CopyPublished | District Court of Appeal of Florida | 1980 Fla. App. LEXIS 17256
Law” itself, permits the seizure of a weapon. §
901.151(5), Fla.Stat. (1979). Therefore, the gun, unlike
0 red0 yellow2 green0 procedural
CopyPublished | District Court of Appeal of Florida | 1982 Fla. App. LEXIS 20410
to conduct a “stop and frisk” pursuant to Section
901.151, Florida Statutes (1979), extends only to a
0 red0 yellow2 green0 procedural
Cited (see also)Ago (1993)phrase: "compare"
CitedAgo (1986)phrase: "see"
CopyPublished | District Court of Appeal of Florida | 1982 Fla. App. LEXIS 20170
appellant was constitutionally permissible under section
901.151, Florida Statutes (1981), the “stop and frisk
0 red0 yellow2 green0 procedural
CopyPublished | District Court of Appeal of Florida
surrounding the suspected criminal activity. §
901.151(2), Fla. Stat. An investigatory stop requires
0 red0 yellow2 green0 procedural
CopyPublished | District Court of Appeal of Florida | 1981 Fla. App. LEXIS 18672
to the extent necessary to disclose a weapon. §
901.151, Fla.Stat. (1979); Schnick v. State, 362 So.2d
0 red0 yellow2 green0 procedural
CopyPublished | District Court of Appeal of Florida | 1984 Fla. App. LEXIS 11366
indicated that such person was committing a felony. §
901.151(2), Fla.Stat. (1981). Although defendants had
0 red0 yellow2 green0 procedural
CopyPublished | District Court of Appeal of Florida | 1983 Fla. App. LEXIS 18726
governed by Florida’s Stop and Frisk Law, section
901.151, Florida Statutes (1981). In other words, “founded
0 red0 yellow2 green0 procedural
CopyPublished | District Court of Appeal of Florida | 14 Fla. L. Weekly 67, 1988 Fla. App. LEXIS 5750, 1988 WL 139517
of the car. The Florida Stop and Frisk Law, section
901.151 Florida Statutes (1987), specifically grants
0 red0 yellow2 green0 procedural
CopyPublished | Florida 4th District Court of Appeal | 2012 WL 1317950
So.2d 1321, 1323 (Fla. 2d DCA 1997) (quoting §
901.151(2), Fla. Stat. (1993)). However, a valid stop
0 red0 yellow2 green0 procedural
CopyPublished | Florida 2nd District Court of Appeal | 2008 WL 1756597
is committing, or is about to commit a crime. §
901.151 Fla. Stat. (1991). In order not to violate a citizen's
0 red0 yellow2 green0 procedural
CopyPublished | District Court of Appeal of Florida | 10 Fla. L. Weekly 2112, 1985 Fla. App. LEXIS 15791
and so we look to the validity of that stop. Section
901.151, Florida Statutes (1983), says in pertinent
0 red0 yellow1 green0 procedural
CopyPublished | District Court of Appeal of Florida | 1993 Fla. App. LEXIS 10924, 1993 WL 431995
committing, or was about to commit a criminal offense. § 901.-151(2), Florida Statutes (1991). We hold that under
0 red0 yellow1 green0 procedural
CopyPublished | District Court of Appeal of Florida | 9 Fla. L. Weekly 2245, 1984 Fla. App. LEXIS 15616
firearm should have been suppressed pursuant to Section
901.151(6), Florida Statutes (1981). However, even
0 red0 yellow1 green0 procedural
CopyPublished | District Court of Appeal of Florida | 1979 Fla. App. LEXIS 15964
1979). Moreover Florida’s Stop and Frisk Law, Section
901.151(5), Fla.Stat (1977), complies with Terry by
0 red0 yellow1 green0 procedural
CopyPublished | District Court of Appeal of Florida | 16 Fla. L. Weekly Fed. D 1442
to make an investigatory stop pursuant to section
901.151, Florida Statutes (1989). Based on the officer's
0 red0 yellow1 green0 procedural
CopyPublished | District Court of Appeal of Florida | 1983 Fla. App. LEXIS 19236
stop under the Florida Stop and Frisk Law, section
901.151, Florida Statutes (1981).1 The transcript of
0 red0 yellow1 green0 procedural
CopyPublished | District Court of Appeal of Florida | 1983 Fla. App. LEXIS 18980
the present case satisfy the requirements of Section
901.151, Florida Statutes (1981) and Terry v. Ohio
0 red0 yellow1 green0 procedural
CopyPublished | District Court of Appeal of Florida
a stop.” Popple, 626 So. 2d at 186; see also §
901.151 Fla. Stat. (1991). To justify an investigative
0 red0 yellow1 green0 procedural
CopyPublished | Florida 2nd District Court of Appeal | 2010 WL 2867873
So.2d 1169, 1171 (Fla. 2d DCA 2006); see also §
901.151, Fla. Stat. (2005). There was no reasonable indication
0 red0 yellow1 green0 procedural
CopyPublished | District Court of Appeal of Florida | 12 Fla. L. Weekly 418, 1987 Fla. App. LEXIS 6523
v. State,
469 So.2d 826 (Fla. 2d DCA 1985); § 901.-151(2), Fla.Stat. (1985). Further, the officer was
0 red0 yellow1 green0 procedural
CopyPublished | District Court of Appeal of Florida | 10 Fla. L. Weekly 491, 1985 Fla. App. LEXIS 12548
has a “founded suspicion” of illegal activity. §
901.151, Fla.Stat. (1983); State v. W.O.R., 382 So.2d
0 red0 yellow1 green0 procedural
CopyPublished | District Court of Appeal of Florida | 1980 Fla. App. LEXIS 17903
was justified. Florida’s Stop and Frisk Law, Section
901.151, Florida Statutes (1979), requires that a law
0 red0 yellow1 green0 procedural
CopyPublished | Florida 4th District Court of Appeal | 2008 WL 3850872
0 red0 yellow1 green0 procedural
CopyPublished | District Court of Appeal of Florida | 1980 Fla. App. LEXIS 15890
illegal because the frisk was not authorized by Section
901.151(5), Florida Statutes (1977). We agree and reverse
0 red0 yellow1 green0 procedural
CopyPublished | District Court of Appeal of Florida | 1981 Fla. App. LEXIS 21203
crime before he may lawfully detain such person. § 901.-151, Fla.Stat. (1979); State v. Stevens, 354 *1386So
CopyPublished | District Court of Appeal of Florida | 14 Fla. L. Weekly 2253, 1989 Fla. App. LEXIS 5303, 1989 WL 109985
authorized under the “Florida Stop and Frisk Law,” section 901.-151, Florida Statutes (1987). See also, Terry
CopyPublished | Florida 2nd District Court of Appeal | 2007 Fla. App. LEXIS 15159
whether Morales was authorized, pursuant to section
901.151,2 to stop E.A.B. upon the latter’s exit from
CopyPublished | District Court of Appeal of Florida
CopyPublished | District Court of Appeal of Florida | 14 Fla. L. Weekly 2507, 1989 Fla. App. LEXIS 5989, 1989 WL 125984
permissible under the Florida Stop and Frisk Law, section
901.151, Florida Statutes (1987) which provides in
0 red0 yellow0 green0 procedural
CopyPublished | District Court of Appeal of Florida | 1983 Fla. App. LEXIS 22724
reasonable grounds to stop Downs’ car pursuant to Section 901.-151, Florida Statutes (1981). It does not matter
CopyPublished | Court of Appeals for the Eleventh Circuit
Argued: Jun 9, 2022
that statement by citing Florida Statute §
901.151(2) 11 and three U.S. Supreme Court decisions.
CopyPublished | District Court of Appeal of Florida | 11 Fla. L. Weekly 2190, 1986 Fla. App. LEXIS 10109
officer’s right to make a stop pursuant to section
901.151, Florida Statutes: There will be borderline
0 red0 yellow0 green0 procedural
CopyPublished | District Court of Appeal of Florida
(1968), and Florida’s Stop and Frisk Law, section
901.151, Florida Statutes (2022). See also Johnson
CopyPublished | District Court of Appeal of Florida | 14 Fla. L. Weekly 2594, 1989 Fla. App. LEXIS 6368
stop and detain an individual pursuant to section
901.151, Florida Statutes, only where he has a founded
CopyPublished | District Court of Appeal of Florida
CopyPublished | District Court of Appeal of Florida
CopyPublished | District Court of Appeal of Florida | 1997 Fla. App. LEXIS 4912
is committing, or is about to commit a crime. §
901.151 Fla.Stat. (1991). In order not to violate a citizen’s
CopyPublished | District Court of Appeal of Florida | 1991 WL 87233
stop under Florida's Stop and Frisk Law. See §
901.151, Fla. Stat. (1989). The officers halted their
0 red0 yellow0 green0 procedural
CopyPublished | District Court of Appeal of Florida | 1980 Fla. App. LEXIS 16204
basis for a reasonable suspicion pursuant to Section
901.151 Florida Statutes (1977). The evidence adduced
0 red0 yellow0 green0 procedural
CopyPublished | Florida 2nd District Court of Appeal | 2007 WL 1452276
0 red0 yellow0 green0 procedural
CopyPublished | District Court of Appeal of Florida | 1991 Fla. App. LEXIS 4573, 16 Fla. L. Weekly Fed. D 1336
concerning open liquor containers in public. §
901.151, Fla. Stat. (1989). The officers did not, however
CopyPublished | District Court of Appeal of Florida | 1983 Fla. App. LEXIS 18964
the scope of the Florida Stop and Frisk Law, Section
901.151, Florida Statutes (1981). That section authorizes
CopyPublished | District Court of Appeal of Florida | 1975 Fla. App. LEXIS 14429
seizure of the weapon were properly made, under §
901.151(2) and (5) Fla.Stat., F.S. A. The court correctly
0 red0 yellow0 green0 procedural
CopyPublished | District Court of Appeal of Florida | 1979 Fla. App. LEXIS 14285
notwithstanding that the Florida Stop and Frisk Law, Section
901.151, Florida Statutes (1977), indicates that the
CopyPublished | Florida 4th District Court of Appeal | 2001 Fla. App. LEXIS 3219
1992). Under Florida’s “Stop and Frisk Law,” section
901.151, Florida Statutes (1997), law enforcement officers
CopyPublished | District Court of Appeal of Florida | 1990 Fla. App. LEXIS 4054
founded suspicion to support a stop under section
901.151, Florida Statutes (1987), but argued that there
CopyPublished | Florida 5th District Court of Appeal | 2007 Fla. App. LEXIS 9618
Further, the seizure was not pursuant to section
901.151, Florida Statutes (2005), Florida’s Stop and
CopyPublished | District Court of Appeal of Florida
statute is admissible in any Florida court. See §
901.151(6), Fla. Stat. Such is also true of the statutes
CopyPublished | District Court of Appeal of Florida | 14 Fla. L. Weekly 1341, 1989 Fla. App. LEXIS 3007, 1989 WL 56312
permissible under Florida’s “stop and frisk” law, §
901.151, Florida Statutes (1987). The Florida Supreme
0 red0 yellow0 green0 procedural
CopyPublished | District Court of Appeal of Florida | 1975 Fla. App. LEXIS 14293
probable cause to stop, detain and question Brown. §
901.151, Fla.Stat. After positive identification there
CopyPublished | District Court of Appeal of Florida | 12 Fla. L. Weekly 1617, 1987 Fla. App. LEXIS 9124
exercise of Florida's Stop and Frisk Law, section
901.151, Florida Statutes (1985). We disagree since
CopyPublished | District Court of Appeal of Florida
Ellis took the pocketknife from Mr. Ferrell. Cf. §
901.151(5), Fla. Stat. (2023) (providing that an officer
CopyPublished | District Court of Appeal of Florida | 1974 Fla. App. LEXIS 6875
appellant for weapons — but only for weapons. See Section
901.151(5), Florida Statutes. When he felt the key
0 red0 yellow0 green0 procedural
CopyPublished | Supreme Court of Florida
committing, or is about to commit a crime. See §
901.151(2), Fla. Stat. (2019); see also Terry v. Ohio
CopyPublished | District Court of Appeal of Florida | 1980 Fla. App. LEXIS 15471
conducted within the permitted boundaries of Section
901.151, Florida Statutes, known as the “Stop and Frisk
CopyPublished | District Court of Appeal of Florida | 10 Fla. L. Weekly 212, 1985 Fla. App. LEXIS 11935
complaint, they were authorized, pursuant to section 901.-151(2), Florida Statutes (1983),1 to pursue the
CopyPublished | District Court of Appeal of Florida | 1982 Fla. App. LEXIS 18951
application of the “stop and frisk law,” (now section
901.151, Florida Statutes [1979]), but on Fourth Amendment
CopyPublished | District Court of Appeal of Florida | 1978 Fla. App. LEXIS 15234
officer in stopping and frisking him pursuant to Section
901.151, Florida Statutes (1975). Of course, there
CopyPublished | Florida 1st District Court of Appeal | 2008 WL 351047
to perform an investigatory stop. We agree. Section
901.151(2), Florida Statutes (2006), provides as follows:
0 red0 yellow0 green0 procedural
CopyPublished | District Court of Appeal of Florida | 1991 Fla. App. LEXIS 12750
itself was improper. The state’s reliance on section
901.151 is misplaced. First, this was not a Terry stop
CopyPublished | District Court of Appeal of Florida | 1975 Fla. App. LEXIS 18865
ruling of the trial court was not error. See: §
901.151(5), Fla.Stat, F.S.A. The officer’s question was
0 red0 yellow0 green0 procedural
CopyPublished | District Court of Appeal of Florida | 11 Fla. L. Weekly 1, 1985 Fla. App. LEXIS 16958
to commit a crime in order to justify a stop. §
901.151(2), Fla.Stat. (1983). “A ‘founded suspicion’ is
CopyPublished | Florida 4th District Court of Appeal
CopyPublished | Florida 5th District Court of Appeal
CopyPublished | District Court of Appeal of Florida | 1991 Fla. App. LEXIS 8188
GRIFFIN, Judge, dissenting. Subsection 5 of section
901.151, Florida Statutes (1989) provides: (5) Whenever
CopyPublished | District Court of Appeal of Florida | 1980 Fla. App. LEXIS 16966
committing, or is about to commit” a crime. Section
901.151, Florida Statutes (1979). See State v. Stevens
CopyPublished | Florida 2nd District Court of Appeal | 2007 WL 2275183
him. We agree. The Florida Stop and Frisk Law, §
901.151(5), Fla. Stat. (Fla.2006), authorizes a limited
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CopyPublished | Florida 1st District Court of Appeal
a warrantless search incident to arrest); cf. §
901.151, Fla. Stat. (specifying when a law enforcement
CopyPublished | District Court of Appeal of Florida
authority to conduct a Terry stop pursuant to section
901.151, Florida Statutes (2006), to investigate the
CopyPublished | District Court of Appeal of Florida | 10 Fla. L. Weekly 1075, 1985 Fla. App. LEXIS 13672
is committing, or is about to commit a crime. §
901.151, Fla.Stat. (1983). Although the detention may
CopyPublished | Florida 3rd District Court of Appeal | 2008 Fla. App. LEXIS 5879
is committing, or is about to commit a crime. §
901.151, Fla. Stat. (1991). In order not to violate a
CopyPublished | Florida 2nd District Court of Appeal | 2008 Fla. App. LEXIS 5737
is committing, or is about to commit a crime. §
901.151 Fla. Stat. (1991). In order not to violate a citizen’s
CopyPublished | District Court of Appeal of Florida | 14 Fla. L. Weekly 943, 1989 Fla. App. LEXIS 1983
albeit a temporary one — of a person. See section
901.151, Florida Statutes; Terry v. Ohio, 392 U.S.
CopyPublished | District Court of Appeal of Florida
ordinances of any municipality or county." §
901.151(2), Fla. Stat. (2012); see also Terry v. Ohio
CopyPublished | District Court of Appeal of Florida | 10 Fla. L. Weekly 951, 1985 Fla. App. LEXIS 13415
appellant under the Stop and Frisk Statute, section
901.151, Florida Statutes (1983). We disagree with
CopyPublished | District Court of Appeal of Florida | 1981 Fla. App. LEXIS 19196
is committing, or is about to commit a crime. §
901.151(2), Fla.Stat. (1979); C. F. v. State, 394 So.2d
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