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....
CopyCited 216 times | Published | Court of Appeals for the Eleventh Circuit | 2016 U.S. App. LEXIS 12812, 2016 WL 3742164
...Therefore, Marshall’s pro se brief and the State’s answer brief, both submitted in response to our order, are the operative briefs on appeal. . Marshall also argues that his detention and transportation to the Pizza Hut was illegal under Florida’s “Stop and Frisk Law,” Fla. Stat. § 901.151 , and that McKinley’s failure to challenge the Pizza Hut identification on this ground constituted ineffective assistance....
CopyCited 188 times | Published | Supreme Court of Florida
...story of its enactment, and the state of the law already in existence bearing on the subject." Foley v. State,
50 So.2d 179, 184 (Fla. 1951) (emphasis added). In determining legislative intent, we must give due weight and effect to the title of *825 section
901.151, Florida Statutes (1977), which was placed at the beginning of the section by the legislature itself....
...The title is more than an index to what the section is about or has reference to; it is a direct statement by the legislature of its intent. Berger v. Jackson,
156 Fla. 251, 768,
23 So.2d 265 (1945). Applying these rules of statutory construction to section
901.151, Florida Stop and Frisk Law, there is no doubt that the legislature intended to adopt the federal standards for stop and frisk, and not any stricter standards. This was made abundantly clear in its title where the legislature says that section
901.151 is: AN ACT relating to "stop and frisk"; authorizing a law enforcement officer to temporarily detain and question a person under circumstances which reasonably indicate that such person has committed, is committing, or is about to com...
...d person is armed with a dangerous weapon; provides that said person shall not be detained more than is reasonably necessary for such search unless an arrest is made; providing an effective date. Ch. 69-73, Laws of Florida. (Emphasis added.) Viewing section 901.151 in the context of its stated purpose to permit officers to temporarily detain and question persons under circumstances reasonably indicating criminal activity, past, present, or imminent, and to frisk where they have reasonable belief...
CopyCited 134 times | Published | Supreme Court of Florida | 1995 WL 324080
...ressed. A law enforcement officer may stop a vehicle and request identification from its occupants when the officer has founded or reasonable suspicion that the occupants of the vehicle have committed, are committing, or are about to commit a crime. § 901.151(2), Fla....
CopyCited 99 times | Published | Florida 4th District Court of Appeal
...e after an extensive investigation. We disagree with the court's reasoning. The right of law enforcement officers to stop and temporarily detain individuals *1247 under certain circumstances is specifically granted by the Florida Stop and Frisk Law, Section 901.151, Florida Statutes (1976)....
...The Public Defender has filed a suggestion of death of Appellee-Jackie Stevens, a/k/a Jackie Stephens. As a result the State's appeal as to this appellee has been dismissed. As to the remaining appellees, the case is Reversed and Remanded. CROSS and MOORE, JJ., concur. NOTES [1] The paragraphs of Section 901.151 most pertinent to this case are: (2) Whenever any law enforcement officer of this state encounters any person under circumstances which reasonably indicate that such person has committed, is committing, or is about to commit a violati...
CopyCited 86 times | Published | Supreme Court of Florida
...Defendant further cites as error the hearing of the motion to suppress during the trial, rather than before trial. The State's position is that the checking of the passengers for identification was valid under the Florida, "Stop and Frisk," law, Florida Statute 901.151; that the search and seizure of the plastic sandwich bag was legal by virtue of the, "open view doctrine;" that even if such search and seizure were to be illegal and followed therefore by an illegal arrest, the defendant gave a valid consent to the search of her cosmetic bag, thus validating the search and seizure....
...the passengers had committed, was committing, or was about to commit a violation of the criminal laws of the State, County or any municipality. Therefore, there is no validity to the State's reliance upon the, "Stop and Frisk," law, Florida Statute 901.151....
CopyCited 66 times | Published | Supreme Court of Florida | 2003 WL 21283161
...Ohio,
392 U.S. 1,
88 S.Ct. 1868,
20 L.Ed.2d 889 (1968). At this level, a police officer may reasonably detain a citizen temporarily if the officer has a reasonable suspicion that a person has committed, is committing, or is about to commit a crime. §
901.151 Fla....
CopyCited 58 times | Published | Florida 2nd District Court of Appeal
...t procedures which will lighten the burden of troubling questions for both law enforcement personnel and the courts. Reversed and remanded for further proceedings not inconsistent with this opinion. SCHEB, Acting C.J., and OTT, J., concur. NOTES [1] § 901.151, Fla....
...e due process clause of the Fourteenth Amendment. Mapp v. Ohio,
367 U.S. 643,
81 S.Ct. 1684,
6 L.Ed.2d 1081 (1961). [4] LaFave, "Street Encounters" and the Constitution: Terry, Sibron, Peters, and Beyond, 67 Mich.L.Rev. 40 (1968). [5] Id. at 78. [6] §
901.151, Fla. Stat. (1977). The statute, which has not been amended since its enactment, reads as follows:
901.151 Stop and Frisk Law....
CopyCited 57 times | Published | Supreme Court of Florida | 1993 WL 219861
...Arizona,
384 U.S. 436,
86 S.Ct. 1602,
16 L.Ed.2d 694 (1966). Perez,
592 So.2d at 1099. Perez successfully moved to suppress the firearm prior to trial. The judge found that the police did not have reasonable suspicion to support an investigative stop under section
901.151, Florida Statutes (1987), and held that the firearm was seized as a direct result of the illegal stop....
...A temporary investigative stop, on the other hand, is permissible where police have a reasonable suspicion i.e., a particularized and objective basis for suspecting that the suspect has committed, is committing, or is about to commit a crime. See generally § 901.151, Fla....
CopyCited 41 times | Published | Florida 2nd District Court of Appeal
...e officers possessed a well-founded suspicion of criminal activity which authorized them to approach Carter's vehicle and to conduct a lawful investigatory stop and detention under Terry v. Ohio,
392 U.S. 1,
88 S.Ct. 1868,
20 L.Ed.2d 889 (1968), and section
901.151, Florida Statutes (1981)....
CopyCited 38 times | Published | Supreme Court of Florida | 2006 WL 3629581
...Second are those designated investigatory stops, at which time a police officer "may reasonably detain a citizen temporarily if the officer has a reasonable suspicion that a person has committed, is committing, or is about to commit a crime." Id. (citing § 901.151, Fla....
...2451,
159 L.Ed.2d 292 (2004); Kolender v. Lawson,
461 U.S. 352,
103 S.Ct. 1855,
75 L.Ed.2d 903 (1983); Brown v. Texas,
443 U.S. 47,
99 S.Ct. 2637,
61 L.Ed.2d 357 (1979). Florida has a similar statute authorizing officers to ascertain a person's identity during a lawful detention, see section
901.151(2), Florida Statutes (2006), but it is not implicated in this case because there was no reasonable, articulable suspicion of criminal activity....
CopyCited 37 times | Published | Supreme Court of Florida | 12 Fla. L. Weekly 39
...the victim's distinctive automobile. In light of Muehleman's furtive behavior and apparent attempt to flee, the officer's suspicion was eminently reasonable and he acted properly in detaining the suspect for the purpose of ascertaining his identity. § 901.151(2), Fla....
CopyCited 37 times | Published | Supreme Court of Florida | 1995 WL 2418
...Ohio,
392 U.S. 1,
88 S.Ct. 1868,
20 L.Ed.2d 889 (1968), and subsequent cases that certain investigative stops are permissible under the Fourth Amendment when based on an officer's reasonable suspicion that criminal activity is afoot. This rule is codified in section
901.151, Florida Statutes (1991): Whenever any law enforcement officer of this state encounters any person under circumstances which reasonably indicate that such person has committed, is committing, or is about to commit a violation of the criminal laws of this state ......
...he may temporarily detain such person for the purpose of ascertaining the identity of the person temporarily detained and the circumstances surrounding his presence abroad which led the officer to believe that he had committed, was committing, or was about to commit a criminal offense. § 901.151(2), Fla....
...When Taylor exited his car, he staggered and exhibited slurred speech, watery, bloodshot eyes, and a strong odor of alcohol. This, combined with a high rate of speed on the highway, was more than enough to provide Quant with reasonable suspicion that a crime was being committed, i.e., DUI. The officer was entitled under section 901.151 to conduct a reasonable inquiry to confirm or deny that probable cause existed to make an arrest....
CopyCited 35 times | Published | Florida 4th District Court of Appeal | 2001 WL 980801
...State,
657 So.2d 1246 (Fla. 1st DCA 1995). To stop and detain a person for investigation, an officer must have a reasonable suspicion that the person has committed, is committing, or is about to commit a crime. See Popple v. State,
626 So.2d 185, 186 (Fla.1993); §
901.151(2), Fla....
CopyCited 32 times | Published | Supreme Court of Florida
...not do so arbitrarily or on a bare suspicion that the occupants are violating the law. Kersey v. State,
58 So.2d 155 (Fla. 1952); Gustafson v. State, supra; State v. Ebert,
251 So.2d 38 (Fla.App. 2nd, 1971); Wilson v. Porter, supra; see, Fla. Stat. §
901.151(2) (1975)....
CopyCited 32 times | Published | Florida 1st District Court of Appeal | 14 Fla. L. Weekly 245
...the flight helped to create probable cause so that the stop was justified. The state dropped the paraphernalia charge and stipulated to the dispositive nature the trial court's order denying the motion to suppress. The "Florida Stop and Frisk Law", section 901.151, Florida Statutes (1987), authorizes the temporary stop and detention of an individual based upon a police officer's founded suspicion of criminal activity for the purpose of ascertaining identity and the circumstances giving rise to the suspicion....
CopyCited 31 times | Published | Supreme Court of Florida | 10 Fla. L. Weekly 542
...A subsequent search of his person at the police station revealed LSD and cocaine.
337 So.2d at 1025. The district court held that the defendant's behavior before the stop did not justify a stop pursuant to Terry v. Ohio,
392 U.S. 1,
88 S.Ct. 1868,
20 L.Ed.2d 889 (1968) or the Florida Stop and Frisk Law, section
901.151, Florida Statutes (1975)....
CopyCited 31 times | Published | Florida 1st District Court of Appeal | 1999 WL 496156
...rabbed defendant's arm and patted down his pockets; police lacked evidence connecting defendant with drug dealing or other criminal activity). Even if we assume, without having to decide in this case, that pursuant to the Florida Stop and Frisk Law, section 901.151(5), Florida Statutes (1997), Deputy Simmons had "probable cause," i.e., a reasonable belief, to believe that Hines was armed and dangerous, the deputy exceeded his constitutional authority by immediately reaching directly into Hines' pocket and removing the contraband....
...Rather, an officer need simply have a reasonable belief that the individual is armed and dangerous. State v. Webb,
398 So.2d 820, 824-25 (Fla. 1981); State v. Burns,
698 So.2d 1282, 1284 (Fla. 5th DCA 1997); Daniels v. State,
543 So.2d 363 (Fla. 1st DCA 1989). [4] The Florida Stop and Frisk Law, section
901.151, Florida Statutes, is a codification of Terry....
CopyCited 30 times | Published | Florida 2nd District Court of Appeal
...His motion to suppress was denied and he was convicted following a jury trial. In order to stop an automobile and to request identification from its occupants, it is not necessary for the police to have probable cause. Rather, the police are governed in this respect by Section 901.151, Florida Statutes (1975) (the "Stop and Frisk Law") and Terry v....
...s further investigation. [1] State v. Othen,
300 So.2d 732 (Fla.2d DCA 1974). We hold that the circumstances here were insufficient to reasonably indicate that the occupants of the car had committed, were committing, or were about to commit a crime. Section
901.151, Florida Statutes (1975)....
CopyCited 30 times | Published | Florida 2nd District Court of Appeal | 1989 WL 116620
...A "stop," on the other hand, is permissible provided the detention is temporary and reasonable under the circumstances only when the police officer has a well-founded suspicion that a person has committed, is committing, or is about to commit a crime. § 901.151, Fla....
CopyCited 30 times | Published | Florida 1st District Court of Appeal | 1989 WL 128048
...Although we agree that the officers initially lacked probable cause to arrest appellee, we find that the facts and circumstances presented are sufficient to support an investigatory stop under Terry v. Ohio,
392 U.S. 1,
88 S.Ct. 1868,
20 L.Ed.2d 889 (1968), and Section
901.151, Florida Statutes (1987)....
CopyCited 29 times | Published | Florida 1st District Court of Appeal | 1989 WL 49604
...tain an individual based upon circumstances which reasonably indicate past, present or future criminal activity, for the purpose of ascertaining identity of that individual and investigating the circumstances giving rise to the officer's suspicions. Section 901.151(2), Fla....
...If an officer validly stops and detains an individual, and has probable cause to believe that the individual seized is armed with a dangerous weapon and poses a threat to the officer or any other person, the officer may search the individual to the extent necessary to disclose the weapon. Section 901.151(5)....
...In fact, the evidence established that Etheridge stopped Daniels based on a suspicion that Daniels possessed a weapon. However, the officer failed to articulate any basis for suspecting criminal activity as required in order to justify a stop and detention under section 901.151(2) and Terry v....
CopyCited 28 times | Published | Florida 2nd District Court of Appeal | 12 Fla. L. Weekly 2546
...Walker pled nolo contendere to possession of cocaine and possession of drug paraphernalia, reserving his right to appeal the court's order. We find the trial court erred in denying the motion to suppress because the initial stop and the subsequent search violated the Stop and Frisk Law, section 901.151, Florida Statutes (1985)....
...Walker argues that the pipe, cocaine and statement made immediately after his arrest should have been suppressed. We agree. While a law enforcement officer may temporarily detain a person for investigation under circumstances reasonably indicating that the person has committed, is committing, or is about to commit a crime, § 901.151, Fla....
...igatory pat-down. Where an officer has probable cause to believe that someone properly detained is armed with a dangerous weapon and presents a threat to his safety, the statute allows a search only to the extent necessary to disclose such a weapon. § 901.151(5), Fla....
...G.J.P.,
469 So.2d 826. Moreover, even had there been proper grounds to detain Walker and search him for weapons, the officer knew before seizing the pipe that it was not a weapon. He thus exceeded the permissible scope of such a search as outlined in section
901.151....
CopyCited 28 times | Published | Florida 2nd District Court of Appeal | 10 Fla. L. Weekly 1075
...est should have been suppressed. We agree. A law enforcement officer may temporarily detain a person for purposes of investigation under circumstances reasonably indicating that the person has committed, is committing, or is about to commit a crime. § 901.151, Fla....
CopyCited 27 times | Published | Florida 2nd District Court of Appeal | 1995 WL 370478
...he police. The trial court found that D.G.'s protests rose to the level of a violation of section
843.02. The state does not argue that the police had a valid basis to perform an investigatory stop of D.G. or to enter his home without a warrant. See §
901.151, .19, Fla....
CopyCited 26 times | Published | Supreme Court of Florida | 35 Fla. L. Weekly Supp. 425, 2010 Fla. LEXIS 1115, 2010 WL 2680254
...Popple,
626 So.2d at 186. The second level is an "investigatory stop," during which an officer "may reasonably detain a citizen temporarily if the officer has reasonable suspicion that a person has committed, is committing, or is about to commit a crime." Id. (citing §
901.151, Fla....
...to inform a suspect of his right to appointed counsel but then deny his request for an attorney). [11] It is established law that an officer may not conduct a frisk without reasonable suspicion that the suspect is armed with a dangerous weapon. See § 901.151(5), Fla....
...icle, but neither objects nor consents to being searched. Obviously, if a citizen voluntarily accepts a ride in a police vehicle but does object to being frisked, the search would be illegal absent reasonable suspicion that the suspect is armed. See § 901.151(5), Fla....
CopyCited 26 times | Published | Supreme Court of Florida
...Porter,
361 F.2d 412 (9th Cir.1966), it is equally well recognized that he may not do so arbitrarily or on a bare suspicion that the occupants are violating the law. Kersey v. State,
58 So.2d 155 (Fla. 1952); Gustafson v. State, supra; State v. Ebert,
251 So.2d 38 (Fla.App. 2nd 1971); Wilson v. Porter, supra; see, Fla. Stat. §
901.151(2) (1975)....
CopyCited 25 times | Published | Florida 4th District Court of Appeal
...State,
348 So.2d 410 (Fla. 2d DCA 1977). Although our decision upon the stop is dispositive, we consider it appropriate to discuss the fact that appellant was ordered to turn around and put his hands on the store wall, preparatory to a pat-down search for weapons. Section
901.151(5), Florida Statutes (1977), permits a limited search only when a law enforcement officer "has probable cause to believe that any person whom he has temporarily detained, or is about to detain temporarily, is armed with a dangerous we...
CopyCited 24 times | Published | Florida 5th District Court of Appeal | 2001 WL 303222
...and limited purpose, constitutes a seizure and invokes Fourth Amendment protections. Delaware v. Prouse,
440 U.S. 648,
99 S.Ct. 1391,
59 L.Ed.2d 660 (1979); State v. Jones,
483 So.2d 433 (Fla.1986); Sapp v. State,
763 So.2d 1257 (Fla. 4th DCA 2000). Section
901.151(2), Florida Statutes, provides that a police officer may reasonably detain a citizen temporarily if the officer has a reasonable suspicion that a person has committed, is committing, or is about to commit a crime....
CopyCited 23 times | Published | Florida 1st District Court of Appeal | 1990 WL 57808
...ty jail, with credit for time served. The first issue is directed to the denial of appellant's motion to suppress evidence. Both parties recite the appropriate guidelines and authority for determining the propriety of a "stop and frisk," pursuant to section 901.151, Florida Statutes, termed a codification of Terry v....
CopyCited 23 times | Published | Florida 5th District Court of Appeal
...After the officer noticed a distinctively shaped bulge in appellant's pocket, which appeared to the officer to be a weapon, the officer was warranted in conducting a limited pat down search that revealed a concealed firearm. Therefore, the trial court properly denied the motion to suppress. See § 901.151, Fla....
CopyCited 22 times | Published | Florida 2nd District Court of Appeal | 1992 WL 193001
...REASONABLE SUSPICION TO JUSTIFY A SAFETY-RELATED TRAFFIC STOP In order to effect a valid stop for DUI, the officer need only have a "founded suspicion" of criminal activity. See Terry v. Ohio,
392 U.S. 1,
88 S.Ct. 1868,
20 L.Ed.2d 889 (1968); Piediscalzo v. State,
549 So.2d 255 (Fla. 2d DCA 1989); §
901.151, Fla....
CopyCited 21 times | Published | Florida 3rd District Court of Appeal
...nt brings this appeal. Appellant contends that the trial court erred in denying his motion to suppress evidence because the initial encounter, between the arresting officer and himself, which led to his arrest and search violated the requirements of § 901.151, Fla....
CopyCited 21 times | Published | Florida 2nd District Court of Appeal | 1990 WL 12752
...arrest. We agree with the appellant. Before a law enforcement officer may temporarily detain a person for purposes of investigation, circumstances must reasonably indicate that the person has committed, is committing, or is about to commit a crime. § 901.151, Fla....
CopyCited 21 times | Published | Florida 3rd District Court of Appeal | 1995 WL 497109
...y stop. An investigatory stop is authorized when a law enforcement officer "encounters any person under circumstances which reasonably indicate that such person has committed, is committing, or is about to commit a violation of the criminal laws[.]" § 901.151(2), Fla....
CopyCited 20 times | Published | Florida 4th District Court of Appeal | 1988 WL 15446
CopyCited 19 times | Published | Florida 4th District Court of Appeal | 1999 WL 270419
...State,
357 So.2d 410 (Fla.1978)). *1110 To justify a temporary detention of an individual, a law enforcement officer must have a founded suspicion of criminal activity. Moore v. State,
584 So.2d 1122, 1123 (Fla. 4th DCA 1991); State v. Stevens,
354 So.2d 1244 (Fla. 4th DCA 1978); §
901.151, Fla....
CopyCited 19 times | Published | Florida 2nd District Court of Appeal
...Appellant then entered a plea of no contest, reserving the right to appeal the denial of the motion. In order to justify a temporary detention, a police officer must have a "founded" suspicion that the person has committed, is committing, or is about to commit a crime. Section 901.151, Florida Statutes (1981); Kearse v....
CopyCited 18 times | Published | Florida 4th District Court of Appeal
...llant consented to the search. With regard to the initial stopping of appellant's car the proof adduced at the suppression hearing showed the police did not have the founded suspicion necessary to warrant stopping and detaining appellant pursuant to Section 901.151, Florida Statutes (1975)....
CopyCited 18 times | Published | Florida 1st District Court of Appeal
...in evidence over appellant's objection on the ground it had been obtained by an illegal search and seizure. The trial court based its denial of appellant's motion to suppress the pistol squarely on the recently enacted "Florida Stop and Frisk Law", Section 901.151, Florida Statutes, F.S.A....
...The officer having next arrived asked appellant what he had in his pocket and then, without awaiting an answer, felt the outside of the pocket and, noting the sharpness of the object, put his hand in the pocket and found the pistol. Though recognizing the provisions of Section 901.151, Florida Statutes, F.S.A., appellant contends that what the officer observed was insufficient to give him probable cause to believe that the appellant was armed with a dangerous weapon. This contention was correctly rejected by the trial court. The court below properly held that the officer making the "frisk" acted within the scope of the authority of Section 901.151 as a reasonably trained law enforcement officer would act under the same circumstances in the same area; and, therefore, he did have probable cause to believe that the subject might be armed with a dangerous weapon, thereby threatening the safety of the officer and other persons....
CopyCited 18 times | Published | Supreme Court of Florida | 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 ......
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....
CopyCited 17 times | Published | Florida 2nd District Court of Appeal | 2002 WL 851744
...Parsons was not free to leave and the officer's encounter became an investigatory stop. To justify an investigatory stop, a police officer must have a well-founded suspicion that the person has committed, is committing, or is about to commit a crime. § 901.151(2), Fla....
CopyCited 17 times | Published | Supreme Court of Florida | 1992 WL 158
...ld have been suppressed. We address first the legality of Anderson's detention. Police officers may temporarily detain a person upon circumstances which reasonably indicate that the person has committed, is committing, or is about to commit a crime. § 901.151, Fla....
CopyCited 17 times | Published | Florida 5th District Court of Appeal | 20 Fla. L. Weekly Fed. D 1942
...REVERSED in part; AFFIRMED in part; and REMANDED. COBB and W. SHARP, JJ., concur. NOTES [1] The Florida Supreme Court recently addressed the propriety of roadside tests under a similar factual scenario in State v. Taylor,
648 So.2d 701 (Fla. 1995) and held: "The officer was entitled under section
901.151 to conduct a reasonable inquiry to confirm or deny that probable cause existed to make an arrest....
CopyCited 16 times | Published | Florida 2nd District Court of Appeal
...Without more, the fact that appellant was walking along a main public thoroughfare at 3:00 A.M. and turned to look at a police car is an insufficient basis to justify a stop under Terry v. Ohio, 1968,
392 U.S. 1,
88 S.Ct. 1868,
20 L.Ed.2d 889, or Florida's Stop and Frisk Law, Fla. Stat. §
901.151....
CopyCited 16 times | Published | Florida 2nd District Court of Appeal
...While we have some question about the right of the officers to stop appellant in the first place, we will assume for the purposes of this opinion that the stop was proper because there is another more compelling reason for finding the seizure to be improper. Section 901.151, Florida Statutes (1975) is based on the holding in Terry v....
CopyCited 16 times | Published | Florida 2nd District Court of Appeal
...weapon. He removed the object, and, his suspicions being confirmed, placed appellant under arrest. We reject appellant's first argument that the officers had no right to search him for any purpose. There was ample basis under the stop and frisk law, Section 901.151, Florida Statutes (1979), for the officers to conduct a limited search to determine whether appellant was carrying a weapon....
...apons when there was no probable cause for arrest. In quashing the search in Meeks, we said: *729 Our reading of the Terry decision and cases from other jurisdictions which have interpreted Terry leads us to believe that the language we have quoted [Section 901.151(5)] means that an officer in a stop and frisk situation may not extend his search beyond a pat down of a suspect's outer clothing unless that pat down or other circumstances leads the officer to conclude that the suspect has a weapon on his person....
...encounters contraband during a legal stop and frisk he should be able to seize it and make an arrest on the premise that he has become aware that the suspect is committing the crime of possession of contraband in his presence. Moreover, we note that Section 901.151(5), which outlines the circumstances under which an officer may make a search for weapons, concludes with the statement that if "such a search discloses such a weapon or any evidence of a criminal offense it may be seized." (Emphasis...
...ficers to search for contraband with less than probable cause on the ostensible premise of looking for weapons. Be that as it may, we have decided to adhere to our decision in Meeks. *730 This leaves us to consider the effect of the last sentence of Section 901.151(5)....
CopyCited 16 times | Published | Florida 2nd District Court of Appeal
...A valid investigatory stop of a vehicle must be predicated on "a founded or reasonable suspicion which requires further investigation" to determine whether its occupants have committed, are committing, or are about to commit a crime. Lewis v. State,
337 So.2d 1031, 1032 (Fla. 2d DCA 1976); Section
901.151, Florida Statutes (1975)....
CopyCited 16 times | Published | Florida 1st District Court of Appeal | 15 Fla. L. Weekly Fed. D 1834
...t the case at bar involves an illegal stop rather than a lawful encounter. I. Under Florida law, police officers must have a founded suspicion to justify detaining a person suspected of having committed, committing, or being about to commit a crime. § 901.151(2), Fla....
CopyCited 16 times | Published | Florida 4th District Court of Appeal
...When she opened her pocketbook to provide same, the officer then made a plain view seizure of a supposed "nickel bag" which he preliminarily determined to be marijuana after inspecting its contents. He thereupon placed the appellant under arrest. We have repeatedly written on Florida's "stop and frisk" law, Section 901.151, Florida Statutes (1977) and would normally see no reason for yet another opinion....
CopyCited 16 times | Published | Florida 1st District Court of Appeal | 1988 WL 138490
...Moreover, the bags had not been observed on the ground when the officers first approached the car. The initial stop was correctly validated as a legitimate traffic stop. In addition, we have no difficulty sustaining the stop of the vehicle pursuant to the Stop and Frisk Law, Section 901.151(2), Florida Statutes (1987), which permits a law enforcement officer to stop and temporarily detain a person when circumstances indicate that such person has committed, is committing, or is about to commit a violation of the criminal laws of the state....
...r. A lawful stop does not of its own force, however, validate a frisk. The routine stopping of a vehicle for a traffic citation does not give rise to any reason or authorization for a search. State v. Gustafson,
258 So.2d 1, 3 (Fla. 1972). Moreover, Section
901.151(5) permits a law enforcement officer to conduct a search of the person whom he has temporarily detained only to the extent necessary to disclose the presence of a weapon when the officer has probable cause to believe the person is armed and dangerous....
...safety. In fact, Watzlawick testified that he patted appellant down to see if he was dangerous. See Chauncey v. State,
382 So.2d 782 (Fla. 4th DCA 1980) (seizure of cocaine resulting from pat-down search of passenger in automobile was illegal under section
901.151 because officer had no reason to believe the passenger was armed when he stopped the car for a tail-light violation, after having observed the car passing him with its dome light on and the three occupants huddled together as if *120 searching for something); Kearse v....
CopyCited 16 times | Published | Florida 2nd District Court of Appeal | 1998 WL 518502
...the very general description of the car and the early morning hour together yield only a mere suspicion. The requirement that a founded reasonable suspicion must pertain to anticipated or suspected criminal activity cannot be met under these facts. § 901.151, Fla....
CopyCited 15 times | Published | Florida 5th District Court of Appeal | 1994 WL 169964
...The initial stop of Paul's vehicle was based upon a founded suspicion that a crime may have been committed or about to be committed. It was an investigatory stop permissible under federal and state law. See Terry v. State of Ohio,
392 U.S. 1,
88 S.Ct. 1868,
20 L.Ed.2d 889 (1968); §
901.151, Fla....
CopyCited 15 times | Published | Florida 2nd District Court of Appeal
...uests for identification. Nevertheless, the court's function is to determine whether there was a lawful basis for appellant's arrest. While it is permissible for a police officer to detain an individual under Florida's Stop and Frisk Law, Fla. Stat. § 901.151, we are unaware of any requirement of law for an individual citizen to disclose his identity under the factual situation sub judice....
CopyCited 15 times | Published | Florida 2nd District Court of Appeal | 1989 WL 61106
...detain him. We agree and reverse his conviction for possession of cocaine. A law enforcement officer may temporarily detain a person if the officer has a founded suspicion that the person has committed, is committing, or is about to commit a crime. § 901.151, Fla....
CopyCited 15 times | Published | Florida 5th District Court of Appeal | 2005 WL 1488577
...Dewberry reserved his right to appeal the denial of his motion to suppress, and the State agreed the issue was dispositive. The issue that we are called upon to resolve is whether the officer who conducted the pat-down search of Dewberry had probable cause to search Dewberry based on section 901.151(5), Florida Statutes (2003)....
...The Florida Stop and Frisk Law allows an officer, who has validly stopped an individual, to search the individual only if the officer has probable cause to believe that the individual is armed with a dangerous weapon and poses a threat to the officer or any other person. §
901.151(5), Fla. Stat. (2003). The meaning of "probable cause" in this statute is not the same as the stricter "probable cause" standard to justify a search warrant or an arrest. See State v. Burns,
698 So.2d 1282 (Fla. 5th DCA 1997). As used in section
901.151(5), "probable cause" means reasonable belief or suspicion. State v. Webb,
398 So.2d 820 (Fla.1981) (stating that the probable cause standard adopted in section
901.151(5) means reasonable suspicion); Sutton v....
CopyCited 15 times | Published | Florida 2nd District Court of Appeal
...The court placed him on probation for three years, and this appeal ensued. In order to stop an automobile and to request identification from its occupants, it is not necessary for the police to have probable cause. Rather, the police are governed in this respect by section 901.151, Florida Statutes (1981), and Terry v....
...r investigation. The circumstances must reasonably indicate that the occupants of the vehicle have committed, are committing, or are about to commit a crime. Lewis v. State,
337 So.2d 1031 (Fla. 2d DCA 1976), cert. denied,
345 So.2d 427 (Fla. 1977); §
901.151(2), Fla....
CopyCited 15 times | Published | Florida 2nd District Court of Appeal | 1991 WL 24849
...We add that the seizure of the cocaine cannot be justified as a search incident to arrest, because the detention was not supported by facts sufficient to establish probable cause for an arrest. Reversed and remanded. SCHEB, A.C.J., and PARKER, J., concur. NOTES [1] §
893.13(1)(f), Fla. Stat. (1987). [2] §
901.151, Fla....
CopyCited 15 times | Published | Florida 4th District Court of Appeal | 2002 WL 31757481
...ther appellant was lawfully detained at the time. To detain a person for investigation, an officer must have a reasonable suspicion, based on objective, articulable facts, that the person has committed, is committing, or is about to commit a crime." § 901.151(2), Fla....
CopyCited 14 times | Published | Florida 3rd District Court of Appeal | 1999 WL 1062502
...The trial court heard evidence on the defendant's motion to suppress, and denied the motion. The court concluded that under the totality of the circumstances, the police officer had a founded suspicion that criminal activity was afoot, and that an investigatory stop was justified. See § 901.151, Fla. Stat. (1997). We entirely agree. The question is whether the police officer had a reasonable suspicion a crime had been, was being, or was about to be, committed. See § 901.151(2), Fla....
...the scene were sufficient to give rise to a reasonable suspicion that Hernandez had committed, was committing, or was about to commit a violation of the criminal laws of this state or the criminal ordinances of any municipality or county pursuant to section 901.151(2), Florida Statutes (1997)....
...Royer,
460 U.S. 491, 502,
103 S.Ct. 1319,
75 L.Ed.2d 229 (1983); Terry v. Ohio,
392 U.S. 1, 21-22,
88 S.Ct. 1868,
20 L.Ed.2d 889 (1968); Sibron v. New York,
392 U.S. 40, 62,
88 S.Ct. 1889,
20 L.Ed.2d 917 (1968); Popple v. State,
626 So.2d 185, 186 (Fla.1993); §
901.151, Fla....
CopyCited 14 times | Published | Florida 1st District Court of Appeal | 1994 WL 201553
...An officer may detain a citizen temporarily if the officer reasonably suspects that the person has committed, is committing, or is about to commit, a crime. Mere suspicion is not enough to support a detention; rather, the officer must be able to articulate a well-founded suspicion of criminal activity. § 901.151, Fla....
CopyCited 14 times | Published | Florida 4th District Court of Appeal | 1989 WL 6238
...h crime area, to serve as a factual basis to detain the defendant or search for a weapon. Nor were there any exigent or unusual circumstances which would justify the officer's actions. The detention and search did not rise to the level authorized by section 901.151, Florida Statutes, or Terry v....
CopyCited 14 times | Published | Florida 1st District Court of Appeal | 1992 WL 362197
...ockets and to turn around was a directive that Appellant was not free to disregard. See Dees v. State,
564 So.2d 1166, 1168 (Fla. 1st DCA 1990). To justify such a seizure, a law enforcement officer must have a founded suspicion of criminal activity. Section
901.151, Florida Statutes (1989); Terry....
...3d DCA 1984) (rapid succession of transactions involving exchange of cash and unseen item in plastic bag). The initial stop cannot be justified by Officer Bates' observation, after the illegal detention, of a bulge in the rear pants pocket. Daniels. Section 901.151(5), Florida Statutes (1989), provides that if the officer has probable cause to believe the detainee is armed with a dangerous weapon, a search can be conducted to the extent necessary to disclose the presence of the weapon....
CopyCited 13 times | Published | Supreme Court of Florida | 2017 WL 4296212
...to arresting an individual suspected of killing or causing bodily harm to another (or
attempting to do so). The law is clear that we expect officers to temporarily detain
a person encountered under circumstances creating a reasonable suspicion of
criminal activity. § 901.151, Fla....
CopyCited 13 times | Published | Florida 3rd District Court of Appeal
...lusions. Brenner v. State,
337 So.2d 1007 (Fla.3d DCA 1976). While we agree with the trial court's finding of no probable cause, we do not agree with the contentions of the State that the concepts of founded suspicion and the stop and frisk statute, Section
901.151, Florida Statutes (1977), apply to a municipal officer outside his jurisdiction and not in "hot pursuit"....
CopyCited 13 times | Published | Florida 5th District Court of Appeal
...Ohio,
392 U.S. 1,
88 S. Ct. 1868,
20 L.Ed. 2d 889 (1968). At this level, a police officer may reasonably detain a citizen temporarily if the officer has a reasonable suspicion that a person has committed, is committing, or is about to commit a crime. §
901.151, Fla....
CopyCited 13 times | Published | Florida 5th District Court of Appeal
...oom, they had a right to frisk appellants for their own safety and appellants are being charged with carrying the weapons found in the frisk, not for anything else that might have been found in the room as a result of the illegal entries, relying on section 901.151, Florida Statutes (1976) and Terry v....
CopyCited 13 times | Published | Florida 5th District Court of Appeal | 1995 WL 316335
...icer to require that the purse be left in the car because it may contain weapons. United States v. Cortez,
449 U.S. 411, 417-18,
101 S.Ct. 690, 694-95,
66 L.Ed.2d 621 (1981); Terry v. Ohio,
392 U.S. 1, 30,
88 S.Ct. 1868, 1884,
20 L.Ed.2d 889 (1968); §
901.151(5), Fla....
CopyCited 13 times | Published | Florida 2nd District Court of Appeal
...Based upon the skeletal factual picture drawn by counsel for both sides below, we are compelled to agree. It is settled that, in order to justify a temporary detention, a police officer must have a "founded" suspicion that the person has committed, is committing, or is about to commit a crime. Section 901.151, Florida Statutes (1981); Kearse v....
CopyCited 13 times | Published | Florida 4th District Court of Appeal
...ecause he failed to establish standing. Before an officer can stop an individual, he must have a founded suspicion that the individual has committed, is committing, or is about to commit a crime. State v. Stevens,
354 So.2d 1244 (Fla. 4th DCA 1978); §
901.151(2), Fla....
CopyCited 13 times | Published | Florida 5th District Court of Appeal | 1988 WL 26124
...herefore was dispositive of the case. We reverse. The admissibility of the cocaine and weapons in this case turns on whether the warrantless stop and forcible detention of Bastien was legally justified and permissible under the "stop and frisk" law, section 901.151, Florida Statutes. To justify such a stop and detention, a law enforcement officer must have a "founded suspicion" based upon factual observations in light of his knowledge and experience that the person has committed, is committing, or is about to commit a crime. § 901.151, Fla....
...ed alone or combined with Bastien's attempted flight and the location of the bar in a high crime area, can not justify the officers' actions. [3] *552 We hold that the stop, detention, and search of Bastien was improper under Terry, its progeny, and section 901.151, Florida Statutes....
CopyCited 13 times | Published | Florida 5th District Court of Appeal
...1684,
6 L.Ed.2d 1081 (1961), and both the Florida and federal provisions have been construed as providing identical protection. State v. Hetland,
366 So.2d 831 (Fla. 2d DCA 1979), affirmed,
387 So.2d 963 (Fla. 1980) (adopting opinion of the district court of appeal). Additionally, Florida's stop and frisk statute, §
901.151, Fla. Stat. (1979), has been interpreted as imposing these same constitutional standards. State v. Hetland . Section
901.151 provides, in part: Whenever any law enforcement officer of this state encounters any person under circumstances which reasonably indicate that such person has committed, is committing, or is about to commit a violation of the criminal...
CopyCited 13 times | Published | Florida 1st District Court of Appeal | 2006 WL 2432809
...See Hines,
737 So.2d at 1184. A stop and/or brief detention of a person for investigatory purposes is permissible if an officer has a well-founded suspicion (supported by articulable facts) of criminal activity, even if the officer lacks probable cause. See §
901.151(2), Fla....
CopyCited 12 times | Published | Florida 1st District Court of Appeal | 2000 WL 1369882
...State,
524 So.2d 988 (Fla.1988). The question before us is whether, at the time the officers asked Gandy and his passenger to exit their vehicle, the officers had a well founded reasonable suspicion that Gandy committed, was committing, or was about to commit a crime. §
901.151, Fla....
CopyCited 12 times | Published | Florida 2nd District Court of Appeal | 10 Fla. L. Weekly 2191
...ividuals under certain circumstances is appropriate. Before an officer may stop and temporarily detain an individual, the officer must have a well-founded suspicion that the person stopped has committed, is committing, or is about to commit a crime. § 901.151(2), Fla....
CopyCited 12 times | Published | Florida 5th District Court of Appeal | 1990 WL 183822
...opping appellant. The law states that a police officer may temporarily detain a person for the purpose of ascertaining his or her identity if the officer believes that the person has committed, is committing or is about to commit a criminal offense. § 901.151(2), Fla....
...e circumstances of this case was justified. It is well established that an officer may only frisk or pat down an individual incident to an investigatory stop when he has probable cause to believe that the individual is armed with a dangerous weapon. § 901.151(5), Fla....
CopyCited 12 times | Published | Florida 2nd District Court of Appeal
...Though he has not pursued the matter on appeal, appellant did argue to the trial court that it should suppress the marijuana as the "fruit of the poisonous tree." There is no merit in that contention. The police had sufficient articulable suspicions to stop appellant for questioning pursuant to Section 901.151, Florida Statutes (1979), and the rationale of Terry v....
CopyCited 12 times | Published | Florida 5th District Court of Appeal | 12 Fla. L. Weekly 1184
...Even in the absence of probable cause for such an arrest prior to the stop, an officer can stop a driver based upon a founded suspicion that he is driving while under the influence. Thereafter, investigation may establish probable cause for arrest. See § 901.151, Fla....
CopyCited 12 times | Published | Florida 4th District Court of Appeal
...Madorsky, Asst. Atty. Gen., West Palm Beach, for appellee. WALDEN, Chief Judge. Defendant pleaded nolo contendere to possession of marijuana, reserving his right to appeal the denial of his motion to dismiss. We reverse. The Stop and Frisk Statute, Fla. Stat. § 901.151(2) (1975), provides there must be circumstances which reasonably indicate to the policeman that a person has committed, is committing, or is going to commit a crime....
CopyCited 12 times | Published | Florida 4th District Court of Appeal
...lawful detention." We respectfully disagree. The search of the defendant's person was not incident to a lawful arrest, because at the time of the search defendant had not been arrested. The defendant was however "lawfully detained" under Fla. Stat. § 901.151 (1975), which allows law enforcement officers to detain temporarily any person under circumstances which reasonably indicate that such person has committed, is committing, or is about to commit a violation of the criminal laws....
...This was sufficient to justify temporarily detaining the defendant for the purpose of ascertaining his identity and investigating the circumstances surrounding his presence in the bar which led the officers to believe that he had committed a crime. But detention authorized by § 901.151 is limited and is not the same as an arrest....
...A person may be temporarily detained no longer than is reasonably necessary to effect the purposes of the detention and such temporary detention may not extend beyond the place where it was first effected or the immediate vicinity thereof. Fla. Stat. § 901.151(3) (1975)....
...If during the temporary detention, probable cause for arrest of the person shall appear, the person may be arrested; however, if after inquiry into the circumstances which prompted the temporary detention no probable cause for the arrest of the person shall appear, he must be released. Fla. Stat. § 901.151(4) (1975)....
...A very limited right of search is allowed if the law enforcement officer has probable cause to believe that the person temporarily detained, or about to be detained, is armed with a dangerous weapon and therefore offers a threat to the safety of the officer or any other person. Fla. Stat. § 901.151(5) (1975)....
...In such circumstances the officer may search the person temporarily detained only to the extent necessary to disclose, and for the purpose of disclosing, the presence of such weapon. If such search discloses a weapon or any evidence of a criminal offense it may be seized. Fla. Stat. § 901.151(5) (1975). But no evidence seized is admissible, unless the search which disclosed its existence was only to the extent necessary to disclose, and for the purpose of disclosing, the presence of a dangerous weapon. Fla. Stat. § 901.151(6) (1975)....
...Except for the arrest defendant would not have been *674 placed in the police car. The marijuana from the police car, obtained as a direct result of the illegal arrest, is also inadmissible. Affirmed. MAGER, C.J., and WALDEN, J., concur. NOTES [1] Fla. Stat. § 901.151 (1975)....
CopyCited 12 times | Published | Florida 2nd District Court of Appeal
...s committing, or is about to commit a crime. Freeman v. State,
433 So.2d 9 (Fla. 2d DCA 1983); R.B. v. State,
429 So.2d 815 (Fla. 2d DCA 1983); Kearse v. State,
384 So.2d 272 (Fla. 4th DCA 1980); State v. Stevens,
354 So.2d 1244 (Fla. 4th DCA 1978); §
901.151, Fla....
CopyCited 12 times | Published | Florida 2nd District Court of Appeal | 1989 WL 194
...Before an officer may "detain" an individual he must have a well founded suspicion that the individual has committed, is committing, or is about to commit a violation of the criminal laws of this state or the criminal ordinances of any municipality or county. § 901.151, Fla....
CopyCited 12 times | Published | Florida 2nd District Court of Appeal | 1992 WL 9703
...1st DCA 1990). In order to justify a temporary detention of a person, there must be a founded suspicion in the mind of the officer that the person has committed, is committing, or is about to commit a crime. Wilson v. State,
433 So.2d 1301 (Fla. 2d DCA 1983); §
901.151, Fla....
CopyCited 12 times | Published | Florida 3rd District Court of Appeal
...If so, then the motion to suppress should be granted; if the suitcase was not seized prior to Dewey's sniff, then the motion should be denied. It is so ordered. NOTES [1] Fla.R.App.P. 9.140(c)(1)(B). [2] Terry v. Ohio,
392 U.S. 1,
88 S.Ct. 1868,
20 L.Ed.2d 889 (1968). [3] See §
901.151, Fla....
CopyCited 12 times | Published | Florida 4th District Court of Appeal | 1988 WL 84055
...We hold the observations made by the officer, even in the light of his experience and knowledge, were insufficient to *826 constitute a founded suspicion that appellant had committed, was committing, or was about to commit a crime justifying a stop under section 901.151, Florida Statutes....
CopyCited 11 times | Published | Florida 1st District Court of Appeal | 1988 WL 100555
...Adjudication of guilt was withheld and appellant was placed on two years' probation, with the condition that he forfeit the gun and pay court costs of $235.50. The issue in this case turns on whether the stop and search of appellant was justified and permissible under the "stop and frisk" law, § 901.151, Fla....
...To justify such a stop and detention, a law enforcement officer must have a "founded *1030 suspicion" based upon factual observations in light of his knowledge and experience that the person has committed, is committing, or is about to commit a crime. § 901.151; Terry v....
CopyCited 11 times | Published | Florida 3rd District Court of Appeal | 1996 WL 625591
..."An investigatory stop is permissible under the Fourth Amendment if supported by reasonable suspicion...." Ornelas v. United States, ___ U.S. ___, ___,
116 S.Ct. 1657, 1660,
134 L.Ed. 2d 911, 917 (1996) (citing Terry v. Ohio,
392 U.S. 1,
88 S.Ct. 1868,
20 L.Ed.2d 889 (1968)); see also §
901.151, Fla....
CopyCited 11 times | Published | Florida 4th District Court of Appeal | 2001 WL 543215
...1868,
20 L.Ed.2d 889 (1968). Popple,
626 So.2d at 186. At this level, a police officer may reasonably detain a citizen temporarily if the officer has a reasonable suspicion that a person has committed, is committing, or is about to commit a crime. Sec.
901.151 Fla....
...Popple,
626 So.2d at 186 (citation omitted). [2] It is clear that a pat down is authorized when an officer has made an investigatory stop and the officer has probable cause to believe that the person stopped is armed with a dangerous weapon. See Terry,
392 U.S. at 30-31,
88 S.Ct. 1868; §
901.151, Fla. Stat. (2000). Both Terry and section
901.151(5) authorize a pat down during such a temporary detention....
...dangerous, without any indication at the inception of the encounter that the citizen "has committed, [was] committing, or [was] about to commit a violation of the criminal laws of this state or the criminal ordinances of any municipality or county." § 901.151(2), Fla....
...The unspoken assumption in Brown is that the defendant was carrying a concealed weapon without a license, a criminal violation under section
790.01, Florida Statutes (2000). A reasonable belief that a person is committing such a weapons violation authorizes a temporary detention under the stop and frisk law. See §
901.151(2), Fla....
CopyCited 11 times | Published | Florida 2nd District Court of Appeal | 1990 WL 66190
...tain him based upon the mere suspicion that appellant was lying to them. A frisk or patdown incident to an investigatory stop may be conducted only where the officer has probable cause to believe the person detained is armed with a dangerous weapon. § 901.151, Fla....
CopyCited 11 times | Published | Florida 4th District Court of Appeal | 2001 WL 686507
...r's belief that appellant was untruthful about his reasons for being in the area. To stop and detain a person for investigation, an officer must have a reasonable suspicion that the person has committed, is committing, or is about to commit a crime. § 901.151(2), Fla....
CopyCited 11 times | Published | Florida 2nd District Court of Appeal | 1999 WL 391303
...Smith, perspiring and nervous, watched as the driver was arrested does not give rise to a reasonable suspicion that he carried a weapon. The patdown of Mr. Smith violates the principles enunciated in Terry v. Ohio,
392 U.S. 1,
88 S.Ct. 1868,
20 L.Ed.2d 889 (1968), and section
901.151(5), Florida Statutes (1997)....
CopyCited 11 times | Published | Florida 4th District Court of Appeal | 1991 WL 2734
...Under the circumstances that existed at the time of the encounter, the officers' fears for their safety were warranted since each reasonably believed that the bulge in appellant's pants might be a weapon. See Graham,
495 So.2d at 854. The last sentence of section
901.151(5), Florida Statutes (1987), reads: If [a stop and frisk] search discloses such a weapon or any evidence of a criminal offense it may be seized....
...Finally, the evidence thus collected must be seen and weighed not in terms of library analysis by scholars, but as understood by those versed in the field of law enforcement.' (citation omitted). Such probable cause gave the deputy the right to seize the cocaine rocks as evidence of a criminal offense. See § 901.151(5), Fla....
CopyCited 11 times | Published | Florida 2nd District Court of Appeal | 10 Fla. L. Weekly 212
...Once the police officers arrived at the front door pursuant to the neighborhood complaint and observed the juveniles jumping up and running toward the back door, giving rise to the inference that the juveniles were eluding the officers and perhaps adding credence to the complaint, they were authorized, pursuant to section 901.151(2), Florida Statutes (1983), [1] to pursue the appellant in an attempt to temporarily detain her because the circumstances reasonably indicated that the juveniles were involved in criminal activity....
...Believing this situation required immediate action, the officers proceeded around the property to question the juveniles. Since the officers acted under the exigent circumstances, their presence in the side yard was justified. Therefore, under the authority of section 901.151(2), Florida Statutes (1983), and our finding of exigent circumstances, we find that the officers were lawfully in the side yard of appellant's home....
...Being lawfully in the side yard of appellant's home, the officers' observation and subsequent seizure of the marijuana plant in plain view was proper. See Guin v. City of Riviera Beach,
388 So.2d 604 (Fla. 4th DCA 1980). Accordingly, we affirm. RYDER, C.J., and OTT and CAMPBELL, JJ., concur. NOTES [1] Section
901.151(2), Florida Statutes (1983), reads in full: (2) Whenever any law enforcement officer of this state encounters any person under circumstances which reasonably indicate that such person has committed, is committing, or is about to commi...
CopyCited 11 times | Published | Florida 1st District Court of Appeal | 1999 WL 1112291
...which the citizen may voluntarily comply with the officer's request or choose to ignore it, from investigatory stops, which require the officer to have a well-founded, articulable suspicion of criminal activity before detaining the citizen). And see § 901.151, Fla....
...er). Based on the show of authority by Bates' use of the flashing blue lights, the encounter constituted an investigatory stop. Because Bates admitted he did not have the requisite reasonable suspicion of criminal activity, he lacked authority under section 901.151, Florida Statutes (1997), to stop appellants....
CopyCited 11 times | Published | Florida 2nd District Court of Appeal
...The fact that the officer knew that marijuana was commonly carried in plastic bags gave rise to, at most, a mere suspicion that the bag appellant was seen putting into his pocket contained marijuana. Although the circumstances arguably supported a temporary detention of appellant allowed by Section 901.151, Florida Statutes (1975), the officer's actions thereafter were not constitutionally permissible....
CopyCited 11 times | Published | Florida 4th District Court of Appeal
...This argument would be persuasive had the tangible evidence been produced through means of a search. Cf. Kraemer v. State, Fla. 1952,
60 So.2d 615. *174 Although the state devotes a substantial portion of its brief to the argument that the officer was authorized to stop and interrogate appellant by virtue of Section
901.151, F.S....
CopyCited 10 times | Published | Florida 1st District Court of Appeal | 1988 WL 112288
...ain view on the porch. The three men were searched and another cocaine rock and pipe were discovered on McNeil. The police stated they believed they had a founded suspicion to stop and "pat down" search the suspects under the stop and frisk statute, section 901.151, Florida Statutes (1985)....
CopyCited 10 times | Published | Florida 4th District Court of Appeal | 2000 WL 1671863
...ns were armed. Both the Florida Stop and Frisk Law and case law provide that police officers are authorized to execute a pat-down for weapons only where they have a reasonable suspicion to believe that a suspect is armed with a dangerous weapon. See §
901.151(5), Fla. Stat. (1999); State v. Webb,
398 So.2d 820, 825 (Fla.1981) (holding that although section
901.151(5) uses the term "probable cause," the legislature intended to adopt the federal standard for a stop and frisk, not a stricter standard)....
...The state claims that the officer was justified in retrieving contraband from Campuzano based on the "plain feel" exception. The *1244 state also notes that the Stop and Frisk Law allows a police officer to seize "evidence of a criminal offense" disclosed by a proper search for weapons. See § 901.151(5), Fla....
CopyCited 10 times | Published | Florida 1st District Court of Appeal | 1989 WL 135517
...th and McMillan Streets. The trial court denied appellant's motion to suppress without comment. Appellant was then adjudicated delinquent and sentenced to community control. A, police officer may temporarily stop and detain an individual pursuant to section 901.151, Florida Statutes, only where he has a founded suspicion of criminal activity....
...State,
537 So.2d 1080 (Fla. 1st DCA 1989). Neither the initial detention nor the subsequent pat-down search of the appellant in the instant case were valid. First, an anonymous tip may provide the basis for a founded suspicion and, therefore, support a detention under section
901.151....
CopyCited 10 times | Published | Florida 5th District Court of Appeal | 1994 WL 600792
...trial court, we conclude that the court meant a Terry [5] pat-down search for weapons. See, e.g., State v. Brown,
616 So.2d 124 (Fla. 2d DCA 1993) (under the totality of the circumstances, the officer had a founded suspicion to conduct a stop under section
901.151 and ask the defendant to put his hands on the police car when it appeared to the officer that the defendant was acting "froggy" or nervous); see also §
901.151, Fla.Stat (1991)....
CopyCited 10 times | Published | Florida 2nd District Court of Appeal
...A jury subsequently found Codie guilty of carrying a concealed firearm. The trial judge placed him on probation for five years with a condition that he serve fifteen days in jail. He also ordered him to pay a $2,000 fine. This appeal ensued. Our "stop and frisk" law, Florida Statute 901.151(2) (1979), provides: Whenever any law enforcement officer of this state encounters any person under circumstances which reasonably indicate that such a person has committed, is committing, or is about to commit a violation of the criminal law...
CopyCited 10 times | Published | Florida 1st District Court of Appeal | 1992 WL 98715
...e denial of his motion. Adjudication of guilt was withheld and he was placed on probation for one year. The issue presented is whether a temporary stop for a civil traffic violation will, under the circumstances at bar, justify a weapons frisk under Section 901.151, Florida Statutes (1989)....
CopyCited 10 times | Published | Florida 2nd District Court of Appeal
...We think that to say that the initial stop was an arrest involves an incorrect assessment of the evidence. When the officers first pulled appellees over, they did nothing which went beyond the scope of a temporary stop and detention as defined in Terry v. Ohio,
392 U.S. 1,
88 S.Ct. 1868,
20 L.Ed.2d 889 (1968), or section
901.151, Florida Statutes (1979)....
CopyCited 10 times | Published | Florida 4th District Court of Appeal | 2003 WL 21749539
...Following a stop, "police officers are authorized to execute a pat-down for weapons only where they have a reasonable suspicion to believe that a suspect is armed with a dangerous weapon." Campuzano v. State,
771 So.2d 1238, 1243 (Fla. 4th DCA 2000); see also §
901.151(5), Fla....
CopyCited 10 times | Published | Florida 2nd District Court of Appeal | 1992 WL 174154
...See §
901.15, Fla. Stat. (1991). An officer, however, has broader authority to temporarily detain a person in order to investigate a reported misdemeanor and to determine whether a notice to appear should be issued. See Fla.R.Crim.P. 3.124. Pursuant to section
901.151(2), Florida Statutes (1991), an officer may temporarily detain a person "under circumstances which reasonably indicate that such person has committed ... a violation of the criminal laws of this state or the criminal ordinances of any municipality or county." Since violations of county ordinances are typically misdemeanors, it is clear that section
901.151 is intended to permit temporary stops to investigate reported misdemeanors as well as felonies. See §
125.69(1), Fla. Stat. (1991). Thus, the deputy was statutorily authorized to make this stop to ascertain the identity of the driver and the "circumstances of his presence abroad." §
901.151(1), Fla. Stat. (1991). We do not rule out the possibility that the language of section
901.151 might seem to permit a stop for some minor offense when that stop would offend article I, section 12, of the Florida Constitution and the fourth amendment of the United States Constitution. See State v. Hetland,
366 So.2d 831 (Fla. 2d DCA 1979) approved,
387 So.2d 963 (Fla. 1980) (section
901.151 is not intended and does not impose a standard different from that under the fourth amendment)....
CopyCited 10 times | Published | Florida 3rd District Court of Appeal
...While questioning Francois, the officer noticed a bulge on Francois' leg and reached down and removed a revolver. Francois was then arrested for carrying a concealed firearm. The trial court sustained the motion to dismiss and this appeal is from that order. We reverse. Section 901.151, Florida Statutes (1975), provides in part as follows: "(5) Whenever any law enforcement officer authorized to detain temporarily any person under the provisions of subsection (2) of this section has probable cause to believe that any...
CopyCited 10 times | Published | Florida 1st District Court of Appeal | 1991 WL 27161
...ist is engaged in the lawful performance of his duties, the offense for which the person is charged shall be reclassified as follows: * * * * * * (b) In the case of battery, from a misdemeanor of the first degree to a felony of the third degree. [2] § 901.151, Fla....
CopyCited 10 times | Published | Florida 2nd District Court of Appeal
...However, it is required that the officer have a founded or reasonable suspicion of criminal activity which merits further investigation. Terry v. Ohio,
392 U.S. 1,
88 S.Ct. 1868,
20 L.Ed.2d 889 (1968); State v. Payton,
344 So.2d 648 (Fla. 2d DCA 1977); §
901.151, Fla....
CopyCited 10 times | Published | Florida 4th District Court of Appeal | 2009 Fla. App. LEXIS 19620, 2009 WL 4827513
...State,
626 So.2d 185, 186 (Fla.1993). In order to justify an investigatory stop, police must possess specific, articulable facts that would warrant a man of reasonable caution in the belief that a person has committed, is committing, or is about to commit a crime. Id. ; §
901.151, Fla....
CopyCited 10 times | Published | Florida 1st District Court of Appeal | 1989 WL 87560
...'s pocket before reaching in to withdraw the object. We note, however, that there is nothing in the record which could support a finding that the officer in this case conducted the brief pat down permissible under Florida's "Stop and Frisk Law." See §
901.151, Fla. Stat. (1987); Terry v. Ohio,
392 U.S. 1,
88 S.Ct. 1868,
20 L.Ed.2d 889 (1968). Under the provisions of section
901.151(2), Florida Statutes, a law enforcement officer may detain temporarily a person he encounters "under circumstances which reasonably indicate that such person has committed, is committing, or is about to commit" a crime, for the purpos...
...circumstances giving rise to the suspicion. If the officer has probable cause to believe that the person detained is armed with a dangerous weapon, he may search the person detained only to the extent necessary to disclose the presence of a weapon. § 901.151(5), Fla....
...er relaxed conversation and walked briskly away as the code name for police rang out about the streets. Again, flight alone from approaching police, is not sufficient to meet the "founded suspicion" standard enunciated in Terry and incorporated into section 901.151....
CopyCited 10 times | Published | Florida 1st District Court of Appeal | 2006 WL 995843
...Ohio,
392 U.S. 1,
88 S.Ct. 1868,
20 L.Ed.2d 889 (1968). At this level, a police officer may reasonably detain a citizen temporarily if the officer has a reasonable suspicion that a person has committed, is committing, or is about to commit a crime. §
901.151, Fla....
...mitted, was committing, or was about to commit a crime. Because the deputy continued to retain Appellant's I.D. card after the warrant check came back clean, and then asked for permission to conduct a personal search, the detention was unlawful. See § 901.151(2), Fla....
CopyCited 10 times | Published | Florida 5th District Court of Appeal | 10 Fla. L. Weekly 931
...He remained there because no one instructed him that he was free to leave nor did anyone open the door of the cruiser to let him out; appellant believed he had been arrested or detained. A second deputy stood outside the police cruiser, watching appellant, while Deputy Moch searched appellant's vehicle. Section 901.151(2), Florida Statutes (1981), Florida's Stop and Frisk law, authorizes a law enforcement officer of this state to temporarily detain any person the officer encounters ......
...ascertaining the identity of the person temporarily detained and the circumstances surrounding his presence abroad which led the officer to believe that he had committed, was committing, or was about to commit a criminal offense. Subsection (3) of Section 901.151, Florida Statutes (1981) restricts the period of time during which a law enforcement officer may justifiably detain a person under the statute to that period which is necessary to ascertain the circumstances which led the officer to b...
...At the scene of the robbery, [2] the robbery victims unequivocally stated to the deputies that appellant was not the person who robbed them. At that point, the deputies had effected the purposes for which they had detained appellant; they were satisfied he had no involvement in the robbery. According to subsections 901.151(3) and (4), Florida Statutes (1981), appellant was entitled to immediate release....
...The trial court's order denying appellant's motion to suppress is reversed and the cause is remanded with instructions to enter an order granting the motion, and discharging appellant. REVERSED. ORFINGER and SHARP, JJ., and BLOUNT, URIEL, Jr., Associate Judge, concur. NOTES [1] § 901.151, Fla. Stat. (1981). [2] Appellant does not challenge the legality of the deputies' requirement that he accompany them to the scene of the robbery. See § 901.151(3), Fla....
CopyCited 9 times | Published | Florida 2nd District Court of Appeal
...tion. He was adjudicated guilty by the trial court and sentenced to a term of imprisonment. He reserved the right to appeal the denial of the motion to suppress. Appellant contends on appeal that since the circumstances did not meet the standards of Section 901.151, Florida Statutes, the detention was invalid and thereby the evidence seized was inadmissible at trial....
...They were not making a license check. They did not have a warrant or consent to stop and search the vehicle. Neither police officer testified that appellant was connected with the previous drug transaction which had involved the same automobile. A valid detention under Section 901.151, Florida Statutes, requires that the officer be aware of circumstances which reasonably indicate that the person detained for investigation has committed, is committing, or is about to commit a criminal violation....
CopyCited 9 times | Published | Florida 3rd District Court of Appeal
...To justify a "stop", the police officer "must be able to point to specific and articulable facts which, taken together with rational inferences from those facts, reasonably warrant that intrusion." Id. at 21,
88 S.Ct. at 1880 (footnote omitted). The Terry standards have been codified in Section
901.151, Florida Statutes (1977), which provides in pertinent part: (2) Whenever any law enforcement officer of this state encounters any person under circumstances which reasonably indicate that such person has committed, is *386 committing,...
...egal. Colodonato v. State,
348 So.2d 326 (Fla. 1977); Whitley v. State,
349 So.2d 840 (Fla. 2d DCA 1977); State v. Lundy,
334 So.2d 671 (Fla. 4th DCA 1976); Perry v. State,
296 So.2d 505 (Fla.3d DCA 1974). In our opinion, the provisions of Terry and Section
901.151 were violated in this case, and the evidence which was obtained as a result of the stop of the defendant was unlawfully seized....
CopyCited 9 times | Published | Florida 2nd District Court of Appeal | 12 Fla. L. Weekly 2360
...appellee. Codie v. State,
406 So.2d 117 (Fla. 2d DCA 1981). In this case, however, we find that the state overcame this presumption and that the trial court erred in granting Kibbee's motion to suppress the evidence. The Florida Stop and Frisk Law, Section
901.151, Florida Statutes (1985), provides in part: (2) Whenever any law enforcement officer of this state encounters any person under circumstances which reasonably indicate that such person has committed, is committing, or is about to commi...
...(3) No person shall be temporarily detained under the provisions of subsection (2) longer than is reasonably necessary to effect the purposes of that subsection. Such temporary detention shall not extend beyond the place where it was first effected or the immediate vicinity thereof. To justify a temporary detention under section 901.151, the detaining officer is only required to have a "founded suspicion" of criminal activity....
...Colburn to drive his car approximately one block, turn around, and drive back. We, accordingly, find that Officer Colburn's observations reasonably indicated that Kibbee and Drawdy had committed, were committing, or were about to commit a crime. See § 901.151(2)....
CopyCited 9 times | Published | Florida 1st District Court of Appeal | 1994 WL 561861
...e of the cocaine cannot be sustained under any theory of the law. Initially, as neither officer had probable cause to believe appellant was armed with a dangerous weapon, the search and seizure cannot be justified under Florida's Stop and Frisk Law, section
901.151, Florida Statutes (1991). Shaw v. State,
611 So.2d 552 (Fla. 1st DCA 1992) (search was unlawful because officer failed to articulate a valid basis for performing a weapons search under section
901.151)....
CopyCited 9 times | Published | Florida 1st District Court of Appeal | 2004 WL 2270813
...To justify an investigative detention, a law enforcement officer must have a reasonable suspicion that a person has committed or is about to commit a crime. See Terry v. Ohio,
392 U.S. 1,
88 S.Ct. 1868,
20 L.Ed.2d 889 (1968); Popple v. State
626 So.2d 185, 186 (Fla.1993); §
901.151(2) Fla....
CopyCited 9 times | Published | Florida 5th District Court of Appeal | 1995 WL 642272
...ters of the pat-down search unless he felt a weapon or contraband. See Howard v. State,
645 So.2d 156 (Fla. 4th DCA 1994) (recognizing that detainee may give police consent to conduct pat-down search which is limited in scope to search for weapons); §
901.151, Fla....
CopyCited 9 times | Published | Florida 3rd District Court of Appeal | 1989 WL 49921
...State,
467 So.2d 1063 (Fla. 3d DCA 1985). Upon observing that the tote bag contained a name which was not the defendant's, the officer had reasonable suspicion for an investigative "stop." See Terry v. Ohio,
392 U.S. 1,
88 S.Ct. 1868,
20 L.Ed.2d 889 (1968); §
901.151, Fla....
CopyCited 9 times | Published | Florida 3rd District Court of Appeal | 1988 WL 44492
...To justify a temporary detention the officer must have a founded, articulable suspicion that the individual has committed, is committing, or is about to commit, a crime. Levin v. State,
449 So.2d 288 (Fla. 3d DCA 1983), approved,
452 So.2d 562 (Fla. 1984); §
901.151, Fla....
CopyCited 9 times | Published | Florida 1st District Court of Appeal | 1990 WL 35923
...The majority opinion affirms the detention and search in this case reasoning that the officer had a reasonable or well-founded suspicion of criminal activity to justify an investigatory stop. I cannot find any evidentiary support for that finding in this record. Section 901.151, Florida Statutes (1989), provides that a law enforcement officer may temporarily detain any person encountered "under circumstances which reasonably indicate that such person has committed, is committing, or is about to commit a viol...
CopyCited 9 times | Published | Florida 2nd District Court of Appeal | 1991 WL 110466
...2d DCA 1988). A police officer may conduct a search incident to a valid stop only if he has probable cause to believe the person detained is armed with a dangerous weapon. See Michigan v. State,
463 U.S. 1032,
103 S.Ct. 3469,
77 L.Ed.2d 1201 (1983); §
901.151(5), Fla....
CopyCited 9 times | Published | Florida 3rd District Court of Appeal
...in and no facts were brought out at that trial which would indicate that the policeman had knowledge reasonably supporting a belief that the defendant was in possession of a firearm. We hold that the facts of the present case satisfy the function of Section 901.151, Florida Statutes (1975), and the pronouncements of the Supreme court of the United States in Terry v....
CopyCited 9 times | Published | Florida 1st District Court of Appeal | 2000 WL 139229
...ic reasonable inferences which he is entitled to draw from the facts in light of his experience. Terry,
392 U.S. at 27,
88 S.Ct. 1868 (emphasis supplied and citations and footnote omitted). Florida's Stop and Frisk Law requires at least as much. See §
901.151(5), Fla....
CopyCited 9 times | Published | Florida 5th District Court of Appeal | 10 Fla. L. Weekly 397
...as been or is being committed and that the person arrested has committed or is committing it (§
901.15(3), Fla. Stat.). A reasonable suspicion of criminal activity justifying a temporary detention to ascertain identification and circumstances under section
901.151(2), Florida Statutes, does not authorize an arrest and the search of a nearby vehicle....
CopyCited 9 times | Published | Florida 2nd District Court of Appeal
...But in some situations for example, when the victim of a street crime seeks immediate police aid and gives a description of his assailant, or when a credible informant warns of a specific impending crime the subtleties of the hearsay rule should not thwart an appropriate police response." The passage of Fla. Stat. § 901.151 (1973), commonly known as the "Stop and Frisk" law was precipitated by the U.S....
CopyCited 9 times | Published | Florida 5th District Court of Appeal
...r did not recognize Hunt as the owner of that vehicle. When Hunt saw the officer in his cruiser, Hunt got out of the car and started walking away. It was at this time that the officer stopped Hunt for questioning which led to the arrest. Pursuant to section 901.151, Florida Statutes (1979), and Terry v....
CopyCited 9 times | Published | Florida 1st District Court of Appeal | 1996 WL 728697
...m her pockets). To justify such a seizure, a law enforcement officer must have a founded suspicion of criminal activity, i.e., a "factual basis in the circumstances observed by the officer." Gipson v. State,
537 So.2d 1080, 1081 (Fla. 1st DCA 1989); §
901.151, Fla....
CopyCited 9 times | Published | Florida 4th District Court of Appeal | 1991 WL 164402
...The burglary victim subsequently identified the wallet and checkbook. Moore argues that the stop and frisk was illegal because the police officer had no reasonable suspicion of illegal activity and under these circumstances the trial court should have granted his motion to suppress. We agree and reverse. Section 901.151(2), Florida Statutes (1987), Florida's Stop and Frisk Law, provides: Whenever any law enforcement officer of this state encounters any persons under circumstances which reasonably indicate that such person had committed, is committing...
CopyCited 9 times | Published | Florida 2nd District Court of Appeal | 2009 Fla. App. LEXIS 11580, 2009 WL 2514168
...had not witnessed. Although the misdemeanor had not occurred in his presence and he could not effect an immediate arrest of Ms. Rodriguez, we conclude that under these circumstances the officer did have authority to conduct a Terry stop pursuant to section 901.151, Florida Statutes (2006), to investigate the offense....
...We conclude that the officer's inability to effect an immediate, warrantless arrest is not a basis to hold that the officer was prohibited under the Fourth Amendment from conducting an investigatory stop when he had well-founded suspicion that Ms. Rodriguez had committed this misdemeanor. Section 901.151(2) provides: (2) Whenever any law enforcement officer of this state encounters any person under circumstances which reasonably indicate that such person has committed, is committing, or is about to commit a violation of the criminal l...
CopyCited 9 times | Published | Florida 2nd District Court of Appeal
...Furthermore, once the officer patted the bulge and determined in his own mind that it was marijuana, the officer had probable cause to do "whatever he wished." On appeal defendant asserts that the officers' investigatory actions should be analyzed pursuant to Florida's Stop and Frisk Law, section 901.151, Florida Statutes (1983)....
CopyCited 9 times | Published | Florida 5th District Court of Appeal | 1997 WL 464376
...ar for his personal safety. The state appeals this ruling, arguing that the trial court erred in granting the motion to suppress because the seizure of the cocaine was predicated upon a lawful pat-down search. We agree. Florida's Stop and Frisk Law, section 901.151, Florida Statutes (1995), provides in pertinent part: (5) Whenever any law enforcement officer authorized to detain temporarily any person ......
...This alert, coupled with the deputy's experience regarding the association of weapons and drugs, eliminated the possibility that the deputy's "interference" was arbitrary. Thus, we agree with the trial court that this was a valid pat-down search under section 901.151 and Terry v....
...A law enforcement officer is allowed to conduct a protective frisk of a person he or she has detained if the officer reasonably believes or suspects that the detainee is armed. Terry,
392 U.S. at 27,
88 S.Ct. at 1883. Florida's Stop and Frisk law, section *1286
901.151(5), Florida Statutes (1995), permits a weapons frisk upon "probable cause to believe" that a suspect is armed....
...The Florida Supreme Court has explained that "probable cause" as used in the statute is not the same as probable cause necessary to arrest an individual or to support a search warrant. State v. Webb,
398 So.2d 820, 824-25 (Fla. 1981). Nonetheless, both Terry and section
901.151 suggest that a pat-down for weapons requires something more than the well-founded suspicion of criminal activity justifying the detention. See Stalling v. State,
678 So.2d 843, 845 (Fla. 1st DCA 1996) (under Terry and section
901.151, more than reasonable suspicion of criminal activity is required before officer may conduct pat-down searches); Hamilton (officer's knowledge that cocaine dealers usually carry weapons insufficient by itself to support a pat-down for weapons)....
CopyCited 9 times | Published | Florida 2nd District Court of Appeal
...court correctly held that the officers had the authority to stop the suspect vehicle. Since the police had a description of the crime, the perpetrators and their vehicle, they were proper in making an investigatory stop under the Stop and Frisk law, Section 901.151, Florida Statutes (1977)....
CopyCited 9 times | Published | Florida 1st District Court of Appeal | 1991 WL 46821
...he brown paper protruding from appellant's pocket, he had reasonable grounds to believe that the paper contained contraband. He therefore denied the motion to suppress. We first determine that the "stop," if one occurred, [1] was not unlawful. Under section 901.151, an officer must have an articulable suspicion (a reasonable or founded suspicion), that a person has committed, is committing, or is about to commit a crime before he may lawfully detain him....
CopyCited 9 times | Published | Florida 1st District Court of Appeal | 1989 WL 36160
...mission. We disagree. It is well settled that a police officer must have a well founded and articulable suspicion of criminal activity before conducting an investigatory stop which amounts to a "seizure" albeit a temporary one of a person. See section 901.151, Florida Statutes; Terry v....
CopyCited 8 times | Published | Florida 2nd District Court of Appeal
...Officer Heck felt a bulge, consistent with a wallet, in defendant's back pocket. The bulge turned out to be the victim's wallet, and the wallet was *1220 seized. The officer admitted that when he felt the bulge, he knew it was a wallet. He had no apprehensions that the bulge in defendant's pocket was a weapon. Section 901.151, Florida Statutes (1981), sets out the procedure by which police officers may stop and frisk people suspected of wrongdoing....
...defendant's pocket was not a weapon. Clearly then, since Officer Heck knew the bulge was not a weapon, he could not legally reach into defendant's pocket and pull out the wallet. Raleigh v. State,
404 So.2d 1163 (Fla. 2d DCA 1981); Meeks v. State . Section
901.151(5) states that if "such a search discloses such a weapon or any evidence of a criminal offense, it may be seized." However, the seizure of contraband or other evidence of a crime during a legal stop and frisk is permissible only so lo...
CopyCited 8 times | Published | Florida 2nd District Court of Appeal | 1989 WL 112136
...Under the circumstances presented in this case, the officers had a well-founded suspicion justifying their stop of appellant's vehicle. See Johnson v. State,
537 So.2d 117 (Fla. 1st DCA 1988); Adams v. State,
523 So.2d 190 (Fla. 1st DCA 1988). The Florida Stop and Frisk Law, section
901.151(2), Florida Statutes (1987), permits a law enforcement officer to stop and temporarily detain a person when circumstances indicate that the person has committed, is committing, or is about to commit an illegal act....
...However, considering the totality of circumstances, viewed in light of the officers' knowledge and experience, we have no difficulty in holding the stop to be legal. *257 Our inquiry, however, does not end simply because we have sustained the stop. Section 901.151(5), Florida Statutes (1987), limits the extent of a search following an investigatory stop to a pat-down of a suspect's outer clothing, unless the pat-down, or other circumstances, leads the officer to conclude that the suspect has a weapon on his person....
CopyCited 8 times | Published | Florida 1st District Court of Appeal | 1994 WL 502625
...ial dispatch, along Highway 90 in Crestview about seven miles from the Tom Thumb Food Store. The records establish that Cobb and Morris, who were occupants of the truck, were arrested and charged with armed robbery. It is well established that under section 901.151, Florida Statutes, to justify a stop or any other temporary detention such as the one at issue here, the state's witness had to point to specific, objective, and articulable observed facts that, considered cumulatively, reasonably ind...
CopyCited 8 times | Published | Florida 2nd District Court of Appeal | 1997 WL 563422
...erson temporarily to ascertain the person's identity and the "circumstances of his presence" when there are reasonable indications "that such person has committed, is committing, or is about to commit a violation of the criminal laws of this state." § 901.151(2), Fla....
...pons). The law provides that a frisk for weapons may occur only when the officers have "probable cause" to believe that the person is armed with a dangerous weapon and, therefore, offers a threat to the safety of the officer or any other person. See § 901.151(5), Fla....
CopyCited 8 times | Published | Florida 4th District Court of Appeal | 1999 Fla. App. LEXIS 13213, 1999 WL 816988
...He complains, however, that once the officers were assured that he was not armed and posed no risk, his continued detention in handcuffs amounted to an arrest which had to be supported by probable cause. *1148 Terry,
392 U.S. at 22,
88 S.Ct. 1868 and section
901.151(2), Florida Statutes (1995), permit a police officer to temporarily detain a person who he or she believes has committed or is committing a crime "for the purpose of ascertaining the identity of the person temporarily detained and the circumstances surrounding his presence abroad which led the officer to believe that he had committed ... a criminal offense." This detention may not last "longer than is reasonably necessary to effect the purposes of [section (2) ]". §
901.151(3)....
CopyCited 8 times | Published | District Court, M.D. Florida | 2011 U.S. Dist. LEXIS 119126, 2011 WL 4903086
...,
573 F.3d at 1167 (citing Montoute v. Carr,
114 F.3d 181, 184 (11th Cir.1997)). Cavis argues that he was engaged in the “legal duty” of investigating what happened to John Alex. (Doc. 42 at 13). He contends that the basis of this legal duty was §
901.151 of the Florida Statutes. Id. §
901.151 is Florida’s “Stop and Frisk” law....
CopyCited 8 times | Published | Florida 2nd District Court of Appeal
...Under the circumstances recounted by Officer Bacon, we believe that he had a well founded suspicion of criminal activity which was sufficient to justify temporarily detaining appellant for an interrogation pursuant to Terry v. Ohio,
392 U.S. 1,
88 S.Ct. 1868,
20 L.Ed.2d 889 (1968), and section
901.151(1), Florida Statutes (1979)....
CopyCited 8 times | Published | Florida 4th District Court of Appeal | 1994 WL 655158
...State,
531 So.2d 88 (Fla. 1988). [2] Where an officer, following a traffic stop, has no articulable evidence of criminal activity to justify the detention of a defendant after the purpose of the initial stop has been effected, the officer must release that defendant. See §
901.151 Fla....
CopyCited 8 times | Published | Florida 2nd District Court of Appeal | 1997 WL 231489
...testing of the cocaine. Appellant maintains that the officer's physical force in grabbing him converted the initial consensual encounter into a stop that required a founded suspicion on the part of the officer to validate the subsequent seizure of contraband. See § 901.151, Fla.Stat....
CopyCited 8 times | Published | Florida 2nd District Court of Appeal | 1991 WL 74813
...They tried to head the appellant off as he was driving his bicycle, but the appellant eluded them by weaving back and forth. When Officer Quinlan ordered him to stop, the appellant kept going. The three officers chased him on foot finally catching him. Prying open his hand, they found a baggie containing a trace of cocaine. Section 901.151(2), Florida Statutes (1987), authorizes a temporary detention when an officer has reasonable suspicion to believe the person has committed, is committing, or is about to commit a crime....
...Given that the appellant's initial detention was invalid, evidence flowing from it was tainted. See Ottney v. State,
571 So.2d 20 (Fla. 2d DCA 1990). Even if the initial detention were valid, however, the seizure of the cocaine exceeded the permissible scope of a search under section
901.151(5), Florida Statutes (1987)....
CopyCited 8 times | Published | Florida 4th District Court of Appeal | 1988 WL 18690
...State,
469 So.2d 826, 827 (Fla. 2d DCA 1985): A law enforcement officer may temporarily detain a person for purposes of investigation under circumstances reasonably indicating that the person has committed, is committing, or is about to commit a crime. §
901.151, Fla....
CopyCited 8 times | Published | Florida 2nd District Court of Appeal | 1993 WL 86479
...hands around as well as repeatedly turning his head back and forth. This bizarre activity made the officer nervous. When the officer told Brown to put his hands on the police cruiser, the consensual encounter at that moment turned into a stop under section 901.151, Florida Statutes (1991), because Brown was no longer free to leave....
CopyCited 8 times | Published | Florida 3rd District Court of Appeal
...with directions to eliminate the provision for probation. It is my opinion however that the evidence in this cause should have been suppressed and I therefore respectfully dissent. There is no need to reiterate the facts or to recite Florida Statute 901.151, F.S.A., the "Florida Stop and Frisk Law." F.S. 901.151, F.S.A....
CopyCited 8 times | Published | Florida 2nd District Court of Appeal | 1988 WL 60472
...the search warrant, the evidence seized pursuant to that unauthorized search should have been suppressed absent competent evidence indicating that it was obtained pursuant *430 to a valid "stop and frisk" or "search incident to lawful arrest." See §§
901.151,
901.21, Fla....
...Although the search warrant in this case was similar to the one utilized in Zaner, the search of the defendant in that case was ultimately justified as a protective stop and frisk because the officer had a reasonable belief that the defendant was armed. Zaner at 511. The record in this case cannot sustain such a finding. See § 901.151....
CopyCited 8 times | Published | Florida 3rd District Court of Appeal | 2007 WL 1931364
..."`Reasonable suspicion' is a less demanding standard than that for probable cause, and `considerably less than proof of wrongdoing by preponderance of the evidence.'" State v. Gonzalez,
682 So.2d 1168, 1170 (Fla. 3d DCA 1996). The standards enunciated in Terry were codified in Florida's Stop and Frisk Law. Section
901.151(2), Fla....
CopyCited 8 times | Published | Florida 1st District Court of Appeal | 1991 WL 10433
...However, we find that the present case is more like State v. Jenkins,
566 So.2d 926 (Fla. 2d DCA 1990), and that the circumstances which the officer observed were sufficient to create a founded suspicion of criminal activity so as to justify a temporary stop in accordance with section
901.151, Florida Statutes....
CopyCited 8 times | Published | Florida 2nd District Court of Appeal | 1996 WL 65791
...to detain Wimbush. We disagree with the trial court's legal conclusion. To justify an investigative temporary detention, an officer must have a founded reasonable suspicion that the person has committed, is committing, or is about to commit a crime. § 901.151(2), Fla.Stat....
CopyCited 8 times | Published | Florida 5th District Court of Appeal | 2002 WL 126052
...Law enforcement may stop an automobile and request identification from its occupants so long as the officers have a founded or reasonable suspicion that the occupants have committed, are in the process of committing, or are about to commit a crime. § 901.151(2), Fla....
CopyCited 8 times | Published | Florida 5th District Court of Appeal | 1991 WL 273720
...eizure on the "plain touch" doctrine. The trial court refused to suppress the evidence. We need not decide this case on whether the plain touch doctrine permits this seizure. We reverse because the search itself was improper. The state's reliance on section 901.151 is misplaced....
CopyCited 8 times | Published | Florida 3rd District Court of Appeal | 1998 WL 842795
...3d DCA 1996), review denied,
689 So.2d 1069 (Fla.1997); State v. Reyes,
680 So.2d 1092 (Fla. 3d DCA 1996); Persaud v. State,
659 So.2d 1191, 1192 (Fla. 3d DCA 1995); State v. Russell,
659 So.2d 465, 467 (Fla. 3d DCA 1995); State v. Stevens,
354 So.2d 1244, 1247 (Fla. 4th DCA 1978) §
901.151, Fla.Stat....
CopyCited 8 times | Published | Florida 1st District Court of Appeal
...n to suppress. Appellant urges that the stop of his vehicle was improper because the police did not have a well-founded or reasonable suspicion that he "had committed a violation of the criminal laws of this state" sufficient to justify a stop under Section 901.151(2), Florida Statutes (1979), Florida's Stop and Frisk Law, and that accordingly, the subsequent frisk of his person was illegal....
CopyCited 8 times | Published | Florida 4th District Court of Appeal
...After unsuccessfully moving to suppress the marijuana, Schnick entered a plea of nolo contendere specifically reserving the right to challenge the search on appeal. He was adjudicated guilty and placed on two years probation. The Florida "stop and frisk" law, Section 901.151, Florida Statutes (1975) provides in subsection (2) and (5): (2) Whenever any law enforcement officer of this state encounters any person under circumstances which reasonably indicate that such person has committed, is committing, or...
...so temporarily detained only to the extent necessary to disclose, and for the purpose of disclosing, the presence of such weapon. If such search discloses such a weapon or any evidence of a criminal offense it may be seized. Under the provisions of Section 901.151(2), Florida Statutes (1975) the temporary detention of persons is authorized under circumstances which reasonably indicate such person has committed a crime. We believe that Schnick's temporary detention was authorized under the statute. Section 901.151(5), Florida Statutes (1975) sets out entirely separate and distinct requirements which must be met before a person may be searched....
...The circumstances here do not reveal probable cause to believe that Schnick was armed with a dangerous weapon. While one may speculate that a weapon could have been involved because the reported offense was a fight, such speculation is not sufficient to meet the probable cause requirements of Section 901.151(5)....
CopyCited 8 times | Published | Florida 2nd District Court of Appeal | 1994 WL 151371
...[2] The state nolle prossed count two, driving with a suspended license, in return for the entry of the plea on count one. To justify an investigatory stop, a police officer must have a founded reasonable suspicion that a person has committed, is committing, or is about to commit a crime. § 901.151(2), Fla....
CopyCited 8 times | Published | Florida 5th District Court of Appeal | 1988 WL 32047
...The trooper did not testify that he had any concern for his safety upon approaching the vehicle. His intent was simply to see what, if anything, the occupants were hiding under the seat. This was mere curiosity, not based on any articulable facts. To justify a temporary detention under section 901.151, the Florida Stop and Frisk Law, the officer is required to have a "founded suspicion" of criminal activity....
CopyCited 8 times | Published | Florida 5th District Court of Appeal | 1996 WL 168917
...Ohio,
392 U.S. 1,
88 S.Ct. 1868,
20 L.Ed.2d 889 (1968). In such an encounter, a police officer may reasonably detain a citizen for a time, if the officer has a reasonable suspicion the person has committed, is committing, or is about to commit a crime. See also §
901.151, Fla.Stat....
CopyCited 7 times | Published | Florida 2nd District Court of Appeal
...normal patrol, surveillance and investigatory duties. It should be noted that this was not the usual "stop and frisk" dealt with by the United States Supreme Court in Terry v. Ohio,
392 U.S. 1,
88 S.Ct. 1868,
20 L.Ed.2d 889 (1968) or contemplated in Section
901.151(2), Florida Statutes (1977)....
...The order of the lower court suppressing the evidence and discharging the appellee is therefore REVERSED and set aside and the cause remanded for further proceedings consistent herewith. SCHEB, Acting C.J., and DANAHY, J., concur. NOTES [1] Under our "stop and frisk" law, Section 901.151(2), Florida Statutes (1977), it is provided: Whenever any law enforcement officer of this state encounters any person under circumstances which reasonably indicate that such person has committed, is committing, or is about to commit a...
CopyCited 7 times | Published | Florida 2nd District Court of Appeal | 2000 WL 1580391
...State,
626 So.2d 185, 186 (Fla.1993). Next is an investigatory stop or investigatory detention, in which an officer may reasonably detain a person temporarily to investigate a reasonable suspicion that the person has committed, is committing, or is about to commit a crime. See §
901.151, Fla....
CopyCited 7 times | Published | Florida 5th District Court of Appeal | 2002 WL 31486297
...This alert, coupled with the deputy's experience regarding the association of weapons and drugs, eliminated the possibility that the deputy's "interference" was arbitrary. Thus, we agree with the trial court that this was a valid pat-down search under section 901.151 and Terry v....
CopyCited 7 times | Published | Florida 5th District Court of Appeal | 1990 WL 183830
...State,
529 So.2d 825 (Fla. 4th DCA 1988), of whether drugs or other evidence thrown down by a suspect after being ordered by police to "stop" or "freeze," should be suppressed because the police lack a founded suspicion sufficient to allow an investigative stop pursuant to section
901.151, Florida Statutes (1989)....
CopyCited 7 times | Published | Florida 4th District Court of Appeal | 11 Fla. L. Weekly 2488
...on alone. Kehoe gave Dusenbery a false name and was unable to produce a driver's license or registration. Null and Hurt arrived on the scene a short time later and discovered over 1,000 pounds of cannabis in the boat. The Florida Stop and Frisk law, section 901.151, Florida Statutes (1985), provides in relevant part: *562 (2) Whenever any law enforcement officer of this state encounters any person under circumstances which reasonably indicate that such person has committed, is committing, or is...
CopyCited 7 times | Published | Florida 5th District Court of Appeal
...edings below consistent with this opinion. REVERSED and REMANDED. SHARP and COWART, JJ., concur. NOTES [1] United States v. Chadwick,
433 U.S. 1,
97 S.Ct. 2476,
53 L.Ed.2d 538 (1977); see also, Ulesky v. State,
379 So.2d 121 (Fla. 5th DCA 1979). [2] §
901.151, Fla....
CopyCited 7 times | Published | Florida 3rd District Court of Appeal | 2005 Fla. App. LEXIS 6509, 2005 WL 1027087
...See Golon,
739 So.2d at 660-61; Indialantic Police Dept.,
677 So.2d at 1309. We respectfully disagree with our sister courts. [4] Such stops, like the stop of Alvarez's vehicle here, are investigative detentions subject to Fourth Amendment scrutiny. §
901.151, Fla....
...ther with rational inferences from those facts, reasonably warrant that intrusion." Id. at 21,
88 S.Ct. 1868; see Popple v. State,
626 So.2d 185 (Fla. 1993). The standards enunciated in Terry have now been codified into Florida's Stop and Frisk Law. §
901.151(2), Florida Statutes (2004)....
...That being so, I respectfully disagree with that part of footnote five which indicates that it would be relevant to know whether the owner had given the men permission to stop by the townhouse. With these minor observations, I join the majority opinion. NOTES [1] See §
932.701-.707, Fla. Stat. (2004). [2] See §
901.151, Fla....
CopyCited 7 times | Published | Florida 3rd District Court of Appeal
...offense has been, is being, or is about to be committed. However, to lawfully do so, in the absence of probable cause, the police are governed by the basis principles set forth in Terry v. Ohio,
392 U.S. 1,
88 S.Ct. 1868,
20 L.Ed.2d 889 (1968), and Section
901.151, Florida Statutes (1977)....
CopyCited 7 times | Published | Florida 4th District Court of Appeal
...Woodard,
280 So.2d 700 (Fla. 2d DCA 1973); Williams v. State,
294 So.2d 37 (Fla. 3d DCA 1974); State v. Francois,
355 So.2d 127 (Fla. 3d DCA 1978); Phillips v. State,
360 So.2d 1310 (Fla. 1st DCA 1978). Whether considered in conjunction with Florida Statutes, Section
901.151 (Florida Stop and Frisk Law) or compared with the principles set forth in Terry v....
CopyCited 7 times | Published | Florida 1st District Court of Appeal | 1999 WL 147652
...Ohio,
392 U.S. 1,
88 S.Ct. 1868,
20 L.Ed.2d 889 (1968). At this level, a police officer may reasonably detain a citizen temporarily if the officer has a reasonable suspicion that a person has committed, is committing, or is about to commit a crime. §
901.151, Fla....
CopyCited 7 times | Published | Florida 2nd District Court of Appeal
...The sole question at the hearing on the motion to suppress the marijuana was whether the deputy was justified in stopping and questioning the defendant under Terry v. Ohio,
392 U.S. 1,
88 S.Ct. 1868,
20 L.Ed.2d 889 (1968), and Florida's "Stop and Frisk Law", Section
901.151, Florida Statutes (1977)....
...urinating against the side of a truck was behavior incongruous or unusual enough to warrant his further investigation. Surely a law enforcement officer under those circumstances is not required to ignore the incident and proceed on, doing nothing. Section 901.151(2) provides that: Whenever any law enforcement officer of this state encounters any person under circumstances which reasonably indicate that such person has committed, is committing, or is about to commit a violation of the criminal...
CopyCited 7 times | Published | Florida 2nd District Court of Appeal | 2007 WL 2120135
...Powell,
222 F.3d 913, 917 (11th Cir.2000); see also Popple,
626 So.2d at 186 ("a police officer may reasonably detain a citizen temporarily if the officer has a reasonable suspicion that a person has committed, is committing, or is about to commit a crime"); §
901.151(2), Fla....
CopyCited 7 times | Published | Florida 2nd District Court of Appeal | 2001 WL 37703
...Ford consented to a search of his person and the officer found a rock of cocaine. The legality of Ford's initial detention turns on whether law enforcement had a founded suspicion that he had committed, was committing or was about to commit a crime. See § 901.151, Fla.Stat....
CopyCited 7 times | Published | Florida 3rd District Court of Appeal
CopyCited 7 times | Published | Florida 3rd District Court of Appeal | 1999 WL 1221651
...rt "didn't follow the contour of his body." Although the officer did not use the frequently utilized magic word, "bulge," the officer clearly articulated the specific matter that caused him to become concerned for his, and his partner's, safety. See § 901.151(5), Fla....
CopyCited 7 times | Published | Florida 1st District Court of Appeal | 1988 WL 138508
...A more complete search was conducted, and more cannabis was found. Appellant's motion to suppress alleged that the initial stop of the vehicle was illegal because there was no "founded suspicion" that the occupants of the vehicle had committed, were committing, or were about to commit a crime as required by § 901.151, Fla....
...On appeal, the state concedes that the evidence is suppressible if the initial stop was improper. Since we find that the initial stop was not based upon founded suspicion we need not address appellant's claim that the subsequent search was illegal. Section 901.151, Fla....
CopyCited 7 times | Published | Florida 5th District Court of Appeal | 1996 WL 728341
...ght of the officer's knowledge. State v. Webb,
398 So.2d 820, 822 (Fla.1981). Where a person is seized without a well-founded, articulable reason to believe the person has, is, or is *944 about to commit a crime, the seizure is unreasonable. Popple; §
901.151(2)....
CopyCited 7 times | Published | Florida 1st District Court of Appeal | 1996 WL 720490
...st interpret the evidence, reasonable inferences and deductions in a manner most favorable to sustaining the trial court's ruling. Johnson v. State,
608 So.2d 4, 9 (Fla.1992), cert. denied,
508 U.S. 919,
113 S.Ct. 2366,
124 L.Ed.2d 273 (1993). Under section
901.151, Florida Statutes (1995), an officer may temporarily detain an individual for investigative questioning if the officer has a reasonable suspicion based on articulable facts that the individual is committing, has committed, or is about to commit a crime....
...he officer" in response to the latter's attempt to look inside. Because such an analysis does not square with my understanding of what is required to establish probable cause to justify a search pursuant to the fourth amendment, I dissent. NOTES [1] Section 901.151(2), Florida Statutes (1995), provides in relevant 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...
CopyCited 7 times | Published | Florida 4th District Court of Appeal | 12 Fla. L. Weekly 2075
...in the woods on their way running through the woods. Based upon these facts there are basically three legal questions the Court must answer. First, the propriety of the stop of Mr. Murphy, that is, was the stop within the stop and frisk law, Florida Section 901.151 and Terry vs....
...The components of that first was there articulable and founded suspicion that would justify the stop. Based upon the totality of the circumstances I find yes. it [sic] was a stop within the scope of Terry vs. *1008 Ohio and it was yes to that. There was a legal right to stop the Defendant under the provisions of 901.151 and Terry vs....
CopyCited 7 times | Published | Florida 3rd District Court of Appeal | 1996 WL 460696
...a citizen to make an accident report under section
316.066, Florida Statutes. Beginning with that premise, the state argues that at present a roadside accident investigation should be viewed as nothing more than an ordinary investigatory stop under section
901.151, Florida Statutes....
...[9] The state reasons that the reporting person is entitled to the full benefit of the privilege against self-incrimination and need not make any statements. Under that approach, the roadside accident investigation would then proceed like any other investigatory stop pursuant to section 901.151, Florida Statutes....
CopyCited 6 times | Published | Florida 2nd District Court of Appeal | 1997 WL 605811
...hat the pat-down search was performed routinely, for safety purposes. However, a protective pat-down search in connection with an investigatory stop is only permissive if the officer has probable cause to believe that the subject is an armed threat. § 901.151(5), Fla....
CopyCited 6 times | Published | Florida 1st District Court of Appeal | 1988 WL 112294
...The jury found Curry guilty as charged and he was sentenced to concurrent three-year prison terms. On appeal, Curry contends that his stop was illegal because Officer Thurne had no "founded suspicion" that Curry was committing, had committed, or was about to commit a crime as required by § 901.151, Fla....
...he fruits of the search executed incident to the arrest were properly admitted into evidence. The admissibility of the drugs in this case turns on whether the stop and search of appellant was justified and permissible under the "stop and frisk" law. § 901.151, Fla....
...(1987). To justify such a stop and detention, a law enforcement officer must have a "founded suspicion" based upon factual observations in light of his knowledge and experience that the person has committed, is committing, or is about to commit a crime. § 901.151; Terry v....
CopyCited 6 times | Published | Florida 2nd District Court of Appeal | 1988 WL 113144
...The officer told Thomas to stop and put his hands on a car. He then patted Thomas down and pulled out a glass pipe or vial from the groin area of Thomas's pants. Thomas admitted he had used the pipe to smoke rock cocaine. The officer stopped Thomas under the Florida Stop and Frisk Law, section 901.151, Florida Statutes (1985)....
...ablished. Sanders v. State,
385 So.2d 735, 737 (Fla. 2d DCA 1980). A frisk or pat-down incident to an investigatory stop may be conducted only where the officer has probable cause to believe that the person detained is armed with a dangerous weapon. §
901.151, Fla....
CopyCited 6 times | Published | Florida 2nd District Court of Appeal
...Appellant first contends that the officer was not justified in stopping him. Appellant correctly notes that under our "stop and frisk" law a law enforcement officer must have a founded suspicion that a person has committed, is committing, or is about to commit a crime before he may lawfully detain such person. § 901.151, Fla....
...at to the officer or another person. State v. Webb,
398 So.2d 820 (Fla. 1981). Furthermore, any such frisk of a detainee conducted after a stop is limited in scope and is permissible only to the extent necessary to disclose the presence of a weapon. §
901.151(5), Fla....
...The officer candidly testified that, once he felt the plastic bag, he suspected contraband and had no apprehension that it was a weapon. The contraband was then seized and appellant placed under arrest. *1165 The state next argues that the seizure was proper under section 901.151(5) which 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 added.) In Dunn v....
CopyCited 6 times | Published | Florida 1st District Court of Appeal | 1992 WL 277252
...We agree that Deputy Faircloth lacked reasonable suspicion of criminal activity so as to justify the stop. 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. Section 901.151(2), Fla....
CopyCited 6 times | Published | Florida 3rd District Court of Appeal | 1998 WL 771419
...Therefore, they were not justified in removing him from the car and searching him for weapons, because a pat down incident to an investigatory stop may be conducted only where the officer reasonably believes the detainee is armed with a dangerous weapon. See Sapp v. State,
592 So.2d 786 (Fla. 2d DCA 1992). Furthermore, section
901.151(5), Florida Statutes (1995), requires probable cause to believe the person temporarily detained is armed with a dangerous weapon before proceeding with a search....
...NOTES [1] As stated by the First District Court of Appeal in Harvey v. State,
703 So.2d 1113 (Fla. 1st DCA 1997), "The meaning of `probable cause' to support a valid frisk is different from the stricter `probable cause' standard that must justify a search warrant or an arrest. As used in [section
901.151(5)], `probable cause' means reasonable belief or suspicion in conformity with Terry and other federal precedent." Id....
CopyCited 6 times | Published | Florida 4th District Court of Appeal | 1992 WL 341953
...Surely her attempt to allay his alleged fears for his safety cannot be converted into a consent to search her purse. [3] At this point he had no reason, as he later testified, to suspect her of carrying a weapon. Consequently, he had no basis under Terry v. Ohio,
392 U.S. 1,
88 S.Ct. 1868,
20 L.Ed.2d 889 (1968), or under section
901.151, Florida Statutes (1991), even to do a patdown for weapons, much less a full-blown search of her bag....
CopyCited 6 times | Published | Florida 4th District Court of Appeal | 1997 WL 715648
...The challenged search followed a brief investigatory detention, which in turn followed a legitimate traffic stop while the juvenile defendant, B.T., was riding a bicycle after 11:00 p.m. B.T. argues that the stop, under the circumstances of this case, did not justify a pat-down under section 901.151, Florida Statutes. Section 901.151, also known as the "Florida Stop and Frisk Law," states, in pertinent part: (5) Whenever any law enforcement officer authorized to detain temporarily any person......
...may search such person so temporarily detained only to the extent necessary to disclose, and for the purpose of disclosing, the presence of such weapon. If such a search discloses such a weapon or any evidence of a criminal offense it may be seized. § 901.151(5), Fla....
CopyCited 6 times | Published | Florida 5th District Court of Appeal | 10 Fla. L. Weekly 626
...The revolver came into "open" view as a result of Walden's actions, Ensor v. State,
403 So.2d 349 (Fla. 1981), giving the officer probable cause to believe that Walden had committed the crime of carrying a concealed weapon. He was then justified in seizing the weapon and arresting Walden. Section
901.151(5), Florida Statutes (1983); Herring v....
CopyCited 6 times | Published | Florida 2nd District Court of Appeal | 1993 WL 95538
...Following his plea, Nesmith was adjudicated guilty of both charges and placed on community control for two years. He filed this timely appeal. A police officer may temporarily detain a person under circumstances which reasonably indicate the person has committed, is committing, or is about to commit a crime. Section 901.151, Fla....
CopyCited 6 times | Published | Florida 2nd District Court of Appeal | 1997 WL 114934
...Here, the assistant principal was faced with the possibility that a child was carrying a gun on his person in a classroom during the school day. In this circumstance, a school official or a police officer needs only reasonable suspicion to conduct an inquiry in the nature of a Terry [2] stop. See § 901.151(2), (5), Fla....
CopyCited 6 times | Published | Florida 1st District Court of Appeal
...well-founded suspicion that appellant was committing a crime. On that basis, Officer Prescott properly detained the appellant, asked him to identify himself, and was authorized to search to the extent necessary to disclose the presence of a weapon. Section 901.151, Fla....
CopyCited 6 times | Published | Florida 2nd District Court of Appeal | 1996 WL 355048
...ble suspicion of possession for a temporary detention, it does not likewise warrant a pat-down for weapons. Id. A pat-down for weapons is justified only where the evidence gives rise to reasonable suspicion that a suspect is armed and dangerous. See § 901.151(5), Fla....
CopyCited 6 times | Published | Florida 2nd District Court of Appeal | 12 Fla. L. Weekly 1519
...We find merit in Bartlett's contention that the stop was illegal and reverse the trial court. An officer may stop an individual if a well-founded suspicion is formed that the person targeted for the stop has committed, is committing, or is about to commit a crime. § 901.151(2), Fla....
CopyCited 6 times | Published | Florida 2nd District Court of Appeal | 1991 WL 125724
...been imprudent to fail to pat down the appellee's coat. We reverse the trial court's order and remand for further proceedings. SCHOONOVER, C.J., and CAMPBELL, J., concur. NOTES [1] Terry v. Ohio,
392 U.S. 1, 21,
88 S.Ct. 1868,
20 L.Ed.2d 889 (1968); §
901.151(5), Fla....
CopyCited 6 times | Published | Florida 4th District Court of Appeal
...suant to a nolo contendere plea in which appellant specifically reserved the right to question the validity of an order denying his motion to suppress from use in evidence the firearm involved. The decision in this case requires an interpretation of § 901.151, F.S....
...In other words a bulge in an individual's pocket or under his belt (as in Thomas v. State, Fla.App. 1971,
250 So.2d 15, or State v. Woodard, Fla. App. 1973,
280 So.2d 700) is not necessary to justify suspicion that the person is armed so as to support a frisk. We specifically hold that the "probable cause" mentioned in §
901.151(5), F.S....
CopyCited 6 times | Published | Florida 2nd District Court of Appeal | 2000 WL 6064
...section
856.021, Florida Statutes (1995). During an investigatory stop, a police officer may reasonably detain a citizen temporarily if the officer has a reasonable suspicion that a person has committed, is committing, or is about to commit a crime. §
901.151, Fla....
CopyCited 6 times | Published | Florida 4th District Court of Appeal
...tolen merchandise. We need not reach the issue of whether this constituted a search in view of our ruling as to the initial stop of the suspects. It is our conclusion that the detention of these suspects was not authorized by the Stop and Frisk Law, § 901.151 Fla....
...had been unlawfully taken as is required by § 901.34. Further, the officers were not presented with circumstances reasonably indicating that the two suspects had or were about to commit a violation of the criminal laws of this State as required by § 901.151....
...I would affirm the trial judge's denial of appellant's motion to suppress. The issue before the trial judge was a factual one: Did the arresting officers encounter appellants under circumstances which reasonably indicated that they (appellants) had committed a crime. § 901.151 Fla....
...It is well to keep in mind the purpose of a "stop" as opposed to an "arrest." Under circumstances reasonably indicating criminal conduct, a police officer may make a reasonable detention for the purpose of ascertaining identity and inquiring into the circumstances justifiably arousing suspicion. § 901.151 Fla....
CopyCited 6 times | Published | Florida 4th District Court of Appeal | 27 Fla. L. Weekly Fed. D 106
...A police officer may conduct an investigatory stop on less than probable cause if the police officer has a reasonable, articulable suspicion that a person has committed, is committing, or is about to commit a crime. Popple v. State,
626 So.2d 185, 186 (Fla.1993) (citing §
901.151 Fla....
CopyCited 6 times | Published | Florida 3rd District Court of Appeal | 2002 WL 54539
...was seized, as Officer Alvarez's order for him to put up his hands was a directive that he 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. See §
901.151, Fla....
CopyCited 6 times | Published | Florida 3rd District Court of Appeal
...The original stopping of the Defendants was not reasonable, based upon the testimony the State presented. The facts presented by the State showed only a mere suspicion and not the reasonable suspicion as is required by the Law for such a stop. See § 901.151, Florida Statutes....
CopyCited 6 times | Published | Florida 2nd District Court of Appeal | 1990 WL 12750
...opped. We also agree with this contention. A law enforcement officer may temporarily detain a person for purposes of investigation under circumstances reasonably indicating that the person has committed, is committing, or is about to commit a crime. § 901.151, Fla....
CopyCited 6 times | Published | Florida 5th District Court of Appeal
...The state argues that when Kelly refused to obey the guard's request, he was committing a trespass and therefore the guard had the right to temporarily detain him for investigatory purposes. [1] Terry v. Ohio,
392 U.S. 1,
88 S.Ct. 1868,
20 L.Ed.2d 889 (1968); §
901.151, Fla....
CopyCited 6 times | Published | Florida 1st District Court of Appeal | 1992 WL 382645
...At issue is whether the subsequent pat-down weapons search and seizure of cocaine were lawful. The facts presented in this record lead us inescapably to conclude that Sergeant Lee failed to articulate a valid basis for performing a weapons pat-down pursuant to section 901.151, Florida Statutes (1991), and that the state failed to lay an adequate predicate to demonstrate that the officer had probable cause to conduct the search that led to the seizure of cocaine. Because the search was unauthorized and unlawful, the evidence seized as a result thereof was illegally obtained and should have been suppressed pursuant to section 901.151(6)....
...a person. The suspected cocaine field-tested positive and weighed 28.5 grams. The sheriff's department seized the Toyota. Upon verification of the driver's denial of having any knowledge that Shaw had the cocaine, Reynolds was released from custody. Section 901.151(5), Florida Statutes (1991), the Florida Stop and Frisk Law, states: Whenever any law enforcement officer authorized to detain temporarily any person under the provisions of subsection (2) has probable cause to believe that any person...
..."A valid stop does not necessarily mean that there can be a valid frisk." Webb,
398 So.2d at 822. In Webb, the Florida Supreme Court held that under the exception created in Terry v. Ohio,
392 U.S. 1,
88 S.Ct. 1868,
20 L.Ed.2d 889 (1968), and codified in section
901.151, "a law enforcement officer, for his own protection or the safety of others, may conduct a pat down to find weapons that he reasonably believes or suspects are then in possession of the person whom he has stopped."
398 So.2d at 822....
...The key circumstances *555 on which the state relies are Appellant's extreme nervousness and his keeping one hand low in his lap. The observed bulge in Shaw's pants pocket is an obvious component of the state's argument that Officer Lee's frisk of Shaw for weapons was lawful under the circumstances, pursuant to section 901.151 and the Terry line of decisions....
...on. Cf. Johnson v. State,
537 So.2d 117 (Fla. 1st DCA 1988) (frisk could not be sustained based on officers' general comments that "[m]ost of these narcotics are related to weapons"). In contrast, the present record fails to meet the requirements of section
901.151, and the state failed to lay an adequate predicate to prove that the officer had probable cause for the subsequent seizure....
...f self-help by reaching into the pocket and extracting small paper sack containing cocaine); Walker v. State,
514 So.2d 1149, 1151 (Fla. 2d DCA 1987). Because the state failed to demonstrate that the officer had either a sufficient basis pursuant to section
901.151 to perform the initial pat-down search for weapons, or probable cause to search Appellant, the resulting seizure was unlawful, and cocaine evidence confiscated during the illegal search should have been suppressed....
CopyCited 6 times | Published | Florida 4th District Court of Appeal | 2004 WL 2725963
...Sheriff of Palm Beach County,
743 So.2d 1145 (Fla. 4th DCA 1999), we examined whether continued detention through the use of handcuffs constituted an illegal detention if not supported by probable cause. Citing to Terry v. Ohio,
392 U.S. 1,
88 S.Ct. 1868,
20 L.Ed.2d 889 (1968) and section
901.151(2), Florida Statutes (1995), we noted that a Terry stop can last no longer than is reasonably necessary for a police officer, who believes a suspect has committed a crime, to determine the circumstances surrounding the suspect's presence....
CopyCited 6 times | Published | Florida 2nd District Court of Appeal | 2000 WL 1224751
...The initial question is whether the officer possessed the requisite well-founded suspicion to stop Williams. A temporary stop is permissible only if the officer has a well-founded suspicion that the individual detained has committed, is committing, or is about to commit a crime. See § 901.151, Fla....
CopyCited 6 times | Published | Florida 3rd District Court of Appeal
...d sufficient cause to believe that criminal activity was afoot and, therefore, stop the defendant and request to see his driver's license, thereupon noticing in the defendant's trousers a bulge which turned out to be the pistol in question. See F.S. § 901.151 F.S.A....
CopyCited 6 times | Published | Florida 3rd District Court of Appeal
...(citations omitted.) We think the detention of Piantadosi under the facts in this record was entirely reasonable and consistent with good police work. The Florida "stop and frisk law" also justifies a temporary detention in just such a situation presented in this case. See, Fla. Stat. § 901.151(2), (6); see also, State v....
CopyCited 6 times | Published | Florida 2nd District Court of Appeal | 2000 WL 499375
...1319,
75 L.Ed.2d 229 (1983); State v. Simons,
549 So.2d 785 (Fla. 2d DCA 1989). But before conducting an investigatory stop the police must have a well-founded, articulable suspicion that a person has committed, is committing, or is about to commit a crime. See §
901.151, Fla....
CopyCited 5 times | Published | Florida 4th District Court of Appeal
...Deputy Younkin directed the appellant to raise his pants leg rather than do a patdown because the presence of the other persons in the area concerned him and he wanted to keep an eye on everyone. In our opinion Jamison was properly subjected to a stop and frisk pursuant to Section 901.151, Florida Statutes (1981). The facts were insufficient to constitute probable cause for an arrest at the time he was stopped. However, we are concerned with the provisions of Section 901.151(5) (1981) as applied to this case....
...mison to take out what was in his sock when he observed a bulge in the sock; and (3) He directed Jamison to dump the contents of the brown paper bag that Jamison had removed from his sock. We hold that these actions exceeded the limitations found in Section 901.151, Florida Statutes (1981)....
CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 1999 WL 992690
...d in the officer's presence, see §
901.1505, Fla. Stat. (1997), this does not preclude the officer from conducting an investigatory stop based on a reasonable suspicion that the person has committed, is committing or is about to commit a crime. See §
901.151....
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 1995 WL 642672
...In the context of a traffic violation, an investigatory stop must be "predicated on a founded or reasonable suspicion requiring further investigation to determine whether the vehicle's occupants committed, were committing, or were about to commit a crime." § 901.151, Fla....
CopyCited 5 times | Published | Florida 5th District Court of Appeal | 2008 WL 4889129
...their actions. Finally, Mr. Griggs testified that he thought that he was being arrested by the police, and that he was not free to leave. This leaves only the first factor the purpose or intention to effect an arrest for further consideration. Section 901.151(3), Florida Statutes (2007), entitled "Stop and Frisk Law," is of importance in connection with the consideration of the investigatory stop to which Mr....
CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 2004 WL 1057646
...r upon the officer the authority to frisk him." Smith,
735 So.2d at 572. Instead, the authority to frisk an individual who has been temporarily detained stems from the police officer's reasonable suspicion that the individual is armed with a weapon. §
901.151(5), Fla. Stat. (2003); State v. Webb,
398 So.2d 820, 824 (Fla.1981) (interpreting the "probable cause" standard enunciated in section
901.151(5) to mean reasonable suspicion)....
CopyCited 5 times | Published | Florida 4th District Court of Appeal | 1991 WL 65952
...sufficient to support a `founded suspicion' of criminal activity and cannot legally justify a stop. I believe that Officer Salazar had a "founded suspicion" that criminal activity had taken place and that his seizure of the cocaine rocks was lawful. Section 901.151(2), Florida Statutes (1989), in pertinent part, provides: Whenever any law enforcement officer ......
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 1989 WL 16620
...To be valid, the stop must have been predicated on a founded or reasonable suspicion requiring further investigation to determine whether the vehicle's occupants committed, were committing, or were about to commit a crime. McCloud v. State,
491 So.2d 1164 (Fla. 2d DCA 1986). See §
901.151, Florida Statutes (1987)....
CopyCited 5 times | Published | Florida 4th District Court of Appeal
...d and dangerous did not justify the officer in stopping Ingram and searching him. Because of that, the appellant contends the search was illegal and the evidence revealed as a result thereof inadmissible. The appellant calls the court's attention to Section 901.151, F.S. 1969, F.S.A., and contends that this statute, commonly known as the Florida Stop and Frisk Law, did not authorize the temporary detention and search of Ingram. We think that the issue in this case need not turn on the provisions of Section 901.151, F.S....
CopyCited 5 times | Published | Florida 2nd District Court of Appeal
...l duty, the court said: [T]he officer did not have authority at such time to arrest appellant for a crime. The evidence is sufficient, however, to show that at such time the officer had authority to restrain appellant under the "stop and frisk law", Section 901.151, Florida Statutes......
CopyCited 5 times | Published | Florida 5th District Court of Appeal
...THE COURT: So, you do it then for the purpose of determining whether or not they have a weapon? THE WITNESS: Yes, sir. We find that Collins' stop of Redfin was proper. See State v. Webb,
398 So.2d 820 (Fla. 1981). However, a valid stop does not necessarily justify a frisk. Webb at 822. Florida's stop and frisk law, section
901.151, Florida Statutes (1981), requires probable cause to believe the detained person "is armed with a dangerous weapon" to justify a search....
...That test clearly was not met under the facts presented by the above testimony. Collins did not suspect that Redfin had a weapon; the search here was prompted not by probable cause but rather by the routine Collins employed for all detainees. REVERSED. DAUKSCH and COWART, JJ., concur. NOTES [1] Section 901.151(5), Florida Statutes (1981), states: Whenever any law enforcement officer authorized to detain temporarily any person under the provisions of subsection (2) has probable cause to believe that any person whom he has temporarily detaine...
CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 2006 WL 1667350
...He asked where the gun was, and D.L.J. responded that it was in his left front shoe. The officers arrested D.L.J. and charged him with carrying a concealed weapon. D.L.J. moved to suppress the evidence arguing that the seizure of the magazine and the gun violated section 901.151(5), Florida Statutes (2004), and the constitutions of the United States and Florida. Section 901.151(1), Florida's stop and frisk statute, provides that a pat-down can be conducted during a valid detention if the police have probable cause to believe that the detained person is "armed with a dangerous weapon." § 901.151(5), Fla....
...State,
574 So.2d 243, 244 (Fla. 1st DCA 1991). Under the circumstances, the motion to suppress should have been granted. Accordingly, we reverse and remand with directions that D.L.J. be discharged. Reversed and remanded. FULMER, C.J., and DAVIS, J., Concur. NOTES [1] Section
901.151(5) provides: Whenever any law enforcement officer authorized to detain temporarily any person under the provisions of subsection (2) has probable cause to believe that any person whom the officer has temporarily detained, or is about...
CopyCited 5 times | Published | Florida 4th District Court of Appeal | 2004 WL 1335914
...to commit a crime. In order not to violate a citizen's Fourth Amendment rights, an investigatory stop requires a well-founded, articulable suspicion of criminal activity. *621 Mere suspicion is not enough to support a stop.
626 So.2d at 186 (citing §
901.151, Fla....
CopyCited 5 times | Published | Florida 2nd District Court of Appeal
...The state charged Sanders with possession of marijuana, cocaine and methaqualone. Sanders moved to suppress the contraband on the ground that the police had illegally seized the contraband because their stop of him and search of his automobile was not valid under the Florida Stop and Frisk law. § 901.151, Fla....
...e-year prison terms. Sanders filed this appeal. Sanders first challenges the validity of the stop contending that the anonymous tip was insufficient to provide the police with *737 the founded suspicion of criminal activity required for a stop under Section 901.151(2), Florida Statutes (1979)....
...He argues that, even assuming the validity of the stop, the seizure of the envelope was not justified and the subsequent search of the automobile was not incident to a valid arrest. We agree. The officers accosted Sanders under the Florida Stop and Frisk Law. § 901.151, Fla....
...At this point Detective Johnson reached inside the automobile and seized the envelope. The officers then arrested and searched Sanders. Since the officers clearly were not concerned that Sanders was armed or would reach into the automobile for a weapon, however, they had no basis under Section 901.151(5), Florida Statutes (1979), to search Sanders' car....
...Since the search was not incident to a legal arrest, however, the trial court erred in not suppressing the fruits of the search. Wong Sun v. United States,
371 U.S. 471,
83 S.Ct. 407,
9 L.Ed.2d 44 (1963). REVERSED. GRIMES and CAMPBELL, JJ., concur. NOTES [1] Section
901.151(5) provides: Whenever any law enforcement officer authorized to detain temporarily any person under the provisions of subsection (2) of this section has probable cause to believe that any person whom he has temporarily detained, or is...
...If such a search discloses such a weapon or any evidence of a criminal offense it may be seized. See McNamara v. State,
357 So.2d 410 (Fla. 1978); Ingram v. State,
364 So.2d 821 (Fla. 4th DCA 1978). [2] Even assuming the officers had grounds under §
901.151(5), Florida Statutes (1979) to search Sanders' person, we do not address the question of whether that would have authorized seizure of the envelope....
CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 2001 WL 753812
...On appeal Frazier argues that Officer Smith did not have a reasonable suspicion to conduct an investigatory stop in this case. We disagree. An officer may conduct a brief investigatory stop if he or she has a reasonable, articulable suspicion that criminal activity is afoot. Terry,
392 U.S. at 30,
88 S.Ct. 1868; §
901.151(1), Fla....
...ify this investigatory stop. Moreover, Terry and Florida's Stop and Frisk Law authorize a pat-down search if, during a lawful investigatory stop, an officer has probable cause to believe that a subject is armed. Terry,
392 U.S. at 30,
88 S.Ct. 1868; §
901.151(5)....
CopyCited 5 times | Published | Florida 4th District Court of Appeal
...r placement in an appropriate treatment program. Appellant suggests error in the denial of his motion to suppress evidence seized incident to his stop and temporary detention by police officers. We find that the police exceeded their authority under Section 901.151, Florida Statutes (1977), Florida's stop and frisk law, and consequently we reverse....
...ed to talk with appellant, another officer took the saw to a nearby business. He plugged it in, found that it worked and, upon inquiry, determined that the saw was missing from that business. Appellant was then arrested and charged with petty theft. Section 901.151, Florida Statutes (1977) authorizes law enforcement officers to temporarily detain a person if circumstances "reasonably indicate" that such person "has committed, is committing, or is about to commit" a crime....
...credibility necessary to justify reliance thereon. St. John relied heavily upon State v. Hendry,
309 So.2d 61 (Fla.2d DCA 1975) and Lewis v. State,
337 So.2d 1031 (Fla.2d DCA 1976), cert. denied,
345 So.2d 427 (Fla. 1977), two cases which disallowed
901.151 detentions based solely on anonymous tips....
...State, supra, and from the suggestion in Isham v. State, supra, that the mere mention of a gun will justify an otherwise impermissible stop or frisk. At the same time, we emphasize that before an anonymous tip can figure in the information relied on to justify a 901.151 stop or frisk, it must contain sufficient indicia of reliability so that a reasonably prudent person would infer that its content is accurate....
...untrained observer." Brown v. Texas,
443 U.S. 47, 52, n. 2,
99 S.Ct. 2637, 2641,
61 L.Ed.2d 358 (1979). Irrespective of whether the first few moments of contact between appellant and the police are characterized as "citizen-police discourse" or as a
901.151 investigatory stop, [3] it is clear that the situation quickly developed into an investigatory detention pursuant to section
901.151, Florida Statutes (1977)....
...It grew from the balancing process between the public's need for protection and the individual's right to privacy. In striking an acceptable balance, precautions were legislatively instituted so that these stops would be confined to minimal intrusions with fixed limitations. Section 901.151(2), Florida Statutes (1977), delimits the acceptable activity: [A]ny law enforcement officer ......
..."In all situations the officer is entitled to assess the facts in light of his experience... ." United States v. Brignoni-Ponce, supra, 442 U.S. at 885,
95 S.Ct. at 2582. Once appellant was stopped, the police could have pursued several options. For example, Section
901.151(3) holds that a detention reasonably effected must also be reasonable in duration....
CopyCited 5 times | Published | Florida 2nd District Court of Appeal
...stop-and-frisk law" to detain the appellee and while the officer may have had reason to believe all was not well, probable cause did not exist and suppressed the introduction of the weapon. *701 This question regarding the "stop-and-frisk law," F.S. § 901.151, F.S.A., has been succinctly and clearly discussed in Thomas v....
CopyCited 5 times | Published | Florida 4th District Court of Appeal | 2000 WL 36284
...1995), the supreme court set forth the legal parameters for a traffic stop: A law enforcement officer may stop a vehicle and request identification from its occupants when the officer has founded or reasonable suspicion that the occupants of the vehicle have committed, are committing, or are about to commit a crime. § 901.151(2), Fla....
CopyCited 5 times | Published | Florida 3rd District Court of Appeal
...Upon motion and hearing, the trial court suppressed the show-up identification and the in-court identification, finding that although the initial detention was valid, no probable cause for Varnedoe's arrest existed before he was transported to Young's home and that section 901.151(3), Florida Statutes (1981) [*] precluded transporting Varnedoe....
...We note, however, that the state failed to raise the Crews issue in the trial court and therefore waived the argument. For these reasons, we reverse the trial court's order suppressing the in-court identification and remand for further proceedings. NOTES [*] Section 901.151(3) states: (3) No person shall be temporarily detained under the provisions of subsection (2) longer than is reasonably necessary to effect the purposes of that subsection....
CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 1999 WL 1128819
...This court may review only "whether the circuit court afforded procedural due process and whether the circuit court applied the correct law." See id. We conclude that the circuit court did not apply the correct law in this case. In Taylor, the supreme court stated that section 901.151(2), Florida Statutes (1991), [1] permits a law enforcement officer to stop a driver and request that the driver perform field sobriety tests based on a reasonable suspicion that the crime of driving while intoxicated is being committed....
...cer when reviewing an administrative order by certiorari). Accordingly, we grant the Department's petition and quash the circuit court's order that reinstated Haskins' driving privileges. BLUE, A.C.J., and GREEN and CASANUEVA, JJ., Concur. NOTES [1] Section 901.151(2) Florida Statutes (1991), has not been amended since State v....
CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 2017 WL 3316914, 2017 Fla. App. LEXIS 11260
...le suspicion that Brown
had committed the crime of trespass.
Nonetheless, even had there been a founded, reasonable suspicion to
detain Brown, that suspicion, in and of itself, would not have justified a pat-down search
pursuant to section 901.151, Florida Statutes (2015)....
CopyCited 5 times | Published | Florida 3rd District Court of Appeal
...We reverse. As in State v. Gamble,
370 So.2d 428 (Fla. 3d DCA 1979), which involved a similar trial court determination, we hold that the existence of the "reasonable suspicion" required by Terry v. Ohio,
392 U.S. 1,
88 S.Ct. 1868,
20 L.Ed.2d 889 (1968), and Section
901.151, Florida Statutes (1979) to support a temporary detention of this nature was established as a matter of law....
CopyCited 5 times | Published | Florida 1st District Court of Appeal
...The entire circumstances do not reflect that a reasonably prudent person under such circumstances would have been warranted in a belief that his safety or that of others was in danger. The search was therefore not justified under the Florida Stop and Frisk Law (Section 901.151, F.S.) nor did it comply with case law construing the limitations of a permissible and constitutional stop and frisk....
CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 2007 WL 1223854
...t from imminent injury."). At this point, Officer Perrone was acting lawfully when he entered the backyard to investigate. Thus, the question becomes whether Officer Perrone was acting lawfully when he grabbed P.B.P. and pulled him out of the house. Section 901.151(2), Florida Statutes (2004), which governs detentions, provides: Whenever any law enforcement officer of this state encounters any person under circumstances which reasonably indicate that such person has committed, is committing, or...
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 2007 WL 2781134
...See Tillman,
934 So.2d at 1273; see also Popple v. State, 626 So.2d *879 185, 186 (Fla.1993) (requiring "well-founded, articulable suspicion of criminal activity" to support investigatory stop under Terry v. Ohio,
392 U.S. 1,
88 S.Ct. 1868,
20 L.Ed.2d 889 (1968)); §
901.151, Fla....
...The driver of the Cavalier raced away at a high rate of speed until cornered at a dead end, at which point the driver and E.A.B. fled on foot despite being ordered by Morales to stop. E.A.B. subsequently was apprehended by another deputy. The question presented on appeal is whether Morales was authorized, pursuant to section 901.151, [2] to stop E.A.B....
CopyCited 4 times | Published | Florida 4th District Court of Appeal
...ruction; created more than a bare suspicion and justified further investigation and detention. Goss v. State, Alaska 1964, 390 P.2d 220. Moreover, the detention of the defendants was, in our opinion, lawful and justified under the provisions of F.S. Section 901.151, F.S.A., commonly known as the "stop and frisk law"....
...he 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". The facts of this case support an application of Section 901.151....
...The color under a flashlight would be hard to see, other than it was a pile of carpeting. "Q I see, you were using the headlights from the car which was parked behind the truck? "A Yes." The majority opinion possibly relies upon the stop and frisk law, F.S. § 901.151, F.S.A., Laws of 1969. It provides: "901.151 Stop and frisk law....
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 11 Fla. L. Weekly 2054
...sts that must be supported by probable cause. Wright v. State,
418 So.2d 1087 (Fla. 1 DCA, 1982) The facts of this case involve an investigatory stop, which is the second level of encounter, and which is authorized by "Florida Stop and Frisk Law", F.S.
901.151 (1979)....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 1993 WL 356917
...He removed rock cocaine, a cocaine pipe and a small razor knife from Howard's pocket. Under these facts, Officer Link was authorized to temporarily detain Howard. The Florida Stop and Frisk Law permits a temporary detention where circumstances reasonably indicate a person has violated a criminal law. § 901.151, Fla....
...The Florida Stop and Frisk Law permits a law enforcement officer who has probable cause to believe a person he has temporarily detained is armed with a dangerous weapon to search that person "only to the extent necessary to disclose, and for the purpose of disclosing, the presence of such weapon." § 901.151(5), Fla....
CopyCited 4 times | Published | Florida 3rd District Court of Appeal | 2013 WL 4823147, 2013 Fla. App. LEXIS 14468
...On the other hand, the second level of police-citizen encounter, an investigatory stop, known as a Terry-stop, 1 requires that the officer possess a reasonable suspicion that the citizen has committed, is committing, or is about to commit a crime in order to support the detention. § 901.151(2), Fla....
...The third, and most intrusive, level of police-citizen encounter involves an arrest, which must be supported by probable cause that a crime has been or is being committed. §
901.15, Fla. Stat. (2011); Henry v. United States,
361 U.S. 98, 102 ,
80 S.Ct. 168 ,
4 L.Ed.2d 134 (1959). In addition, section
901.151(5) of the Florida Statutes (2011), known as the “Florida Stop and Frisk Law,” allows for the limited search of a lawfully detained suspect....
...may search such person so temporarily detained only to the extent necessary to disclose, and for the purpose of disclosing, the presence of such weapon. If such a search discloses such a weapon or any evidence of a criminal offense it may be seized. § 901.151(5). The Florida Supreme Court has clarified that when the term “probable cause” is used in section 901.151, the term means reasonable belief or suspicion, and does not rise to the level of justification required for an arrest....
...ef that the defendant was armed and presented a threat to their safety. Moreover, the search of the defendant had to be strictly limited to the extent necessary to reveal the weapon and protect the officers. Once the search is authorized pursuant to section 901.151(5), any evidence of criminal activity or weapon resulting from the search is admissible. § 901.151(6), Fla. Stat. (2011). 3 Accordingly, if the defendant was legally detained pursuant to section 901.151(2), and the firearm at issue was discovered as the result of a legal search, pursuant to section 901.151(5), and both the detention and the search were founded on the officers’ “reasonable, artic-ulable suspicion,” the firearm is admissible into evidence....
...orary detainment must be lawful; (2) the officer must have a reasonable suspicion that the suspect is armed; and (3) the pat-down must be strictly limited “only to the extent necessary to disclose, and for the purpose of disclosing,” the weapon. § 901.151(5)....
...Because we find that all three conditions are satisfied, we hold that Officer Sanchez’s pat-down of the defendant was lawful. Accordingly, the firearm discovered during the lawful pat-down was admissible into evidence and the trial court erred in granting the defendant’s motion to suppress. § 901.151(6)....
...self, touching the waistband of his pants,” gave the officer reasonable suspicion to frisk the defendant). Consequently, because the firearm discovered on the defendant’s person was the product of a legal search, it was admissible into evidence. § 901.151(6)....
...th instructions to the trial court to vacate the order of suppression and to enter an order denying the defendant’s motion to suppress. Reversed and remanded with instructions. . Terry v. Ohio,
392 U.S. 1 ,
88 S.Ct. 1868 ,
20 L.Ed.2d 889 (1968). . Section
901.151 (2) provides that: Whenever any law enforcement officer of this state encounters any person under circumstances which reasonably indicate that such person has committed, is committing, or is about to commit a violation of the criminal...
...scertaining the identity of the person temporarily detained and the circumstances surrounding the person’s presence abroad which led the officer to believe that the person had committed, was committing, or was about to commit a criminal offense. . Section 901.151(6) provides: (6) No evidence seized by a law enforcement officer in any search under this section shall be admissible against any person in any court of this state or political subdivision thereof unless the search which disclosed its...
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 1990 WL 157749
...At the suppression hearing, the officer testified that he had seen whites use black people to make drug purchases, to avoid being cheated. The court held that notwithstanding the officer's experience and knowledge, his observations were insufficient to justify a stop under section 901.151, Florida Statutes....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 1988 WL 107126
...f the officer's knowledge, reasonably indicate that the suspect is committing, is about to commit, or has committed a criminal violation. Butterworth v. State,
522 So.2d 1039 (Fla. 4th DCA 1988); State v. Stevens,
354 So.2d 1244 (Fla. 4th DCA 1978); §
901.151(2), Fla....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 12 Fla. L. Weekly 2657
...suspicion that the person has committed, is committing, or is about to commit a criminal offense. Teresi v. State,
506 So.2d 46 (Fla. 2d DCA 1987); Kayes v. State,
409 So.2d 1075 (Fla. 2d DCA 1981); Codie v. State,
406 So.2d 117 (Fla. 2d DCA 1981); §
901.151, Fla....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 1999 WL 1036290
...The same reasoning applies here. Eastmond showed Davis his badge and gun and instructed her to place her hands on a car. This *588 show of authority resulted in a seizure and a detention. The next question then is whether the detention was illegal. Section 901.151, Florida Statutes (1997), permits an officer to detain a citizen temporarily if the officer has a reasonable suspicion that the citizen has committed, is committing or is about to commit a crime....
...stop under the Fourth Amendment. See Popple,
626 So.2d at 186. Clearly, if Eastmond had encountered Davis on the street, he could have detained her to question her. But Davis was standing inside her home. In this regard we note that the language of section
901.151 seems to contemplate that the detained person be outside her home: "[T]he officer may temporarily detain such person for the purpose of ascertaining ... the circumstances surrounding the person's presence abroad. ..." §
901.151, Fla....
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 2009 Fla. App. LEXIS 4316, 2009 WL 1230678
...de a known narcotics house created a reasonable, founded suspicion supported by articulable facts that criminal activity was afoot, justifying a temporary detention in the Beer City parking lot to investigate whether a drug offense had occurred. See § 901.151(2), Fla....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 1997 WL 282356
...exit the car. As he did so, they observed a glass cocaine pipe on the floorboard. A subsequent search produced additional contraband. We conclude that the officers lacked a reasonable suspicion to believe he was committing or had committed a crime. § 901.151(2), Fla....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 1994 WL 203719
...After his motion to suppress the firearm was denied, Smith entered a plea of nolo contendere to the charge, reserving the right to appeal. In order to justify an investigatory stop, a police officer must have a founded suspicion that a person has committed, is committing, or is about to commit a crime. § 901.151, Fla....
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 1991 WL 77667
...Under the facts of this case the deputies' observation of appellant walking down the street at 8:45 in the morning with one or two other males in an alleged problem area did not give rise to a founded suspicion that they had committed, were committing or were about to commit a criminal offense. §
901.151(2), Fla. Stat. (1989). See Curry v. State,
570 So.2d 1071 (Fla. 5th DCA 1990); Jones v. State,
570 So.2d 433 (Fla. 5th DCA 1990); J.D. v. State,
568 So.2d 99 (Fla.3d DCA 1990). Section
901.151(5), Florida Statutes (1989) authorizes a police officer to conduct a weapons search if there is probable cause to believe that the person he has temporarily detained is armed....
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 2002 WL 971357
...t to a Terry stop. We reverse, based upon our determination that the search exceeded the scope of searches permissible under the Fourth Amendment, as delineated in Terry v. Ohio,
392 U.S. 1,
88 S.Ct. 1868,
20 L.Ed.2d 889 (1968), and later cases, and section
901.151, Florida Statutes....
...armed with a dangerous weapon and therefore offers a threat to the safety of the officer or any other person," the officer may search the person "only to the extent necessary to disclose, and for the purpose of disclosing," the presence of a weapon. Section 901.151(5), Florida Statutes....
CopyCited 4 times | Published | Florida 3rd District Court of Appeal | 1992 WL 98266
...16] (1968)." With that conclusion we completely agree. As stated in the Stop and Frisk Law, an officer may make an investigatory stop where the circumstances reasonably indicate that a person has committed or is about to commit a violation of law. [3] Section *269 901.151, Fla....
...r may request a driver's license as a way to ascertain the identity of the person being questioned whether or not the stop is related to a traffic infraction. The question must be answered in the affirmative. Under the Florida Stop and Frisk Law, § 901.151, Fla....
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 2008 WL 595925
...State,
905 So.2d 246, 247 (Fla. 4th DCA 2005). Our review of the record demonstrates that the trial court's factual findings are supported by competent substantial evidence and that the law was correctly applied to the facts. First, we address the traffic stop and detention. Section
901.151(2), Florida Statutes (2006), states: Whenever any law enforcement officer of this state encounters any person under circumstances which reasonably indicate that such person has committed, is committing, or is about to commit a violati...
CopyCited 4 times | Published | Florida 3rd District Court of Appeal | 2003 WL 729244
...did not have the requisite reasonable suspicion to justify the pat-down search. We disagree. A pat-down for weapons is justified when a police officer, in light of his experience, has a reasonable suspicion that the detainee is armed and dangerous. § 901.151(5), Fla....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 2008 WL 818817
...State,
626 So.2d 185, 186 (Fla.1993). A law enforcement officer may reasonably detain a citizen temporarily for an investigatory stop if the officer has a reasonable suspicion that a person has committed, is committing, or is about to commit a crime. Id.; see §
901.151, Fla....
...State,
964 So.2d 861, 863 (Fla. 2d DCA 2007). During an investigatory stop the officer may temporarily detain the individual to ascertain his or her identity and the circumstances surrounding the person's presence at the location which led to the officer's suspicions. §
901.151(2). An arrest at any time after the investigatory stop is permissible if supported by probable cause that a crime has been or is being committed. §
901.151(4); Popple,
626 So.2d at 186....
...Probable Cause When a law enforcement officer has validly stopped an individual, he may conduct a pat-down search 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)....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 2007 WL 911758
...Ohio,
392 U.S. 1,
88 S.Ct. 1868,
20 L.Ed.2d 889 (1968). At this level, a police officer may reasonably *630 detain a citizen temporarily if the officer has a reasonable suspicion that a person has committed, is committing, or is about to commit a crime. §
901.151, Fla....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 1991 WL 38142
...We agree with the appellant's contention that the officer's observations, even in the light of his experience and knowledge, were insufficient to constitute a founded suspicion that the appellant had committed, was committing, or was about to commit a crime justifying a stop pursuant to section 901.151, Florida Statutes (1989)....
CopyCited 4 times | Published | Florida 3rd District Court of Appeal | 2001 WL 246080
...In order to justify an investigatory stop, a police officer must have a "well-founded, articulable suspicion that a person has committed, is committing, or is about to commit a crime." Thomasset v. State,
761 So.2d 383, 385 (Fla. 2d DCA 2000); see also §
901.151, Fla.Stat....
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 1997 WL 303247
...The police saw Johnson and Ryan get out of the car along with Ryan's girlfriend. The officers testified that they did not observe any behavior that established a well-founded suspicion that either Ryan or Johnson had committed, was committing, or was about to commit a crime. Therefore, this was not a Terry stop. See § 901.151, Fla....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 2003 WL 21459598
...ible criminal behavior, even though there is no probable cause for an arrest, as long as the officer has reasonable suspicion that the person is engaged in criminal activity. See Terry v. Ohio,
392 U.S. 1, 19-23,
88 S.Ct. 1868,
20 L.Ed.2d 889(1968); §
901.151(2) Fla....
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 1994 WL 267926
...Harris was adjudicated guilty and sentenced to two concurrent prison terms of four years. Harris appealed. As to the first issue, we find that Officer Hudson had a reasonable suspicion to stop and frisk Harris pursuant to Terry v. Ohio,
392 U.S. 1,
88 S.Ct. 1868,
20 L.Ed.2d 889 (1968), codified section
901.151, Florida Statutes....
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 1997 WL 364519
...Hall,
652 So.2d 484, 485 (Fla. 5th DCA 1995). Officers should be cautioned, however, that an inquisitive *1275 nature and a concern for officer safety will not replace the minimum founded suspicion or probable cause requirements established by Florida's Stop and Frisk Law. See §
901.151, Fla....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 1990 WL 96201
...member of a group of people peaceably assembled near the duplex apartment. A law enforcement officer may temporarily detain a person if the officer has a founded suspicion that the person has committed, is committing, or is about to commit a crime. § 901.151, Fla....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 1996 WL 23494
...There is no clear indication that the Florida Legislature, by the enactment of section
321.05, Florida Statutes (1993), intended to deprive highway patrol troopers of the ability to validly conduct searches which were not incident to a lawful arrest, but which came under section
901.151(5), Florida *436 Statutes (1993) (Florida stop and frisk law); valid inventory searches of abandoned or seized vehicles; or valid searches based on "emergencies" or other exigent circumstances....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 1998 WL 23215
...It is therefore clear that the pat-down was conducted as a routine safety measure. A protective, pat-down search in connection with an investigatory stop is only permitted if the officer has probable cause to believe that the subject is an armed threat. See § 901.151(5), Fla....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 2005 WL 120363
...2d DCA 2003), review denied,
879 So.2d 621 (Fla.2004). Analysis In order to justify an investigatory stop, a police officer must have a well-founded suspicion that the person detained has committed, is committing, or is about to commit a crime. See §
901.151(2), Fla....
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 1990 WL 10892
...Atty. Gen., Tallahassee, for appellee. ALLEN, Judge. Appellant, Hezekiah H. James III, was convicted of possession of cocaine, which was seized following a purported Terry stop. See Terry v. Ohio,
392 U.S. 1,
88 S.Ct. 1868,
20 L.Ed.2d 889 (1968), and Section
901.151, Florida Statutes (1989)....
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 2010 Fla. App. LEXIS 991, 2010 WL 532506
...To justify an investigatory stop, the deputy had to have a reasonable suspicion that Appellant had committed, was committing, or was about to commit a crime. King v. State,
17 So.3d 728, 730-31 (Fla. 1st DCA 2009) (quoting Popple v. State,
626 So.2d 185, 186 (Fla.1993)); see also §
901.151(2), Fla....
CopyCited 4 times | Published | Florida 1st District Court of Appeal
...The State appeals the orders of the trial court granting appellees' motions to suppress physical evidence. Appellant argues that on the facts of this case the officer involved possessed a reasonable suspicion to justify his stop of appellees' vehicle and thereby violated neither constitutional standards nor section 901.151, Fla....
...the moment of the seizure or the search `warrant a man of reasonable caution in the belief' that the action taken was appropriate?" Id. at 21-22,
88 S.Ct. at 1879-1880. The ruling in Terry precipitated the passage of the Florida Stop and Frisk Law, section
901.151, Fla....
...Belton,
453 U.S. 454,
101 S.Ct. 2860,
69 L.Ed.2d 768 (1981). Accordingly, the orders below granting appellees' motions to suppress are reversed and the cause remanded for further proceedings. REVERSED and REMANDED. WENTWORTH and JOANOS, JJ., concur. NOTES [1] Section
901.151, Fla....
...the search which disclosed its existence was authorized by and conducted in compliance with the provisions of subsections (2)-(5). [2] In State v. Webb,
398 So.2d 820 (Fla. 1981), the court stated, "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." Id....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 1998 WL 67105
...stolen and it was being driven at a speed of approximately 20 mph in a 35 mph zone. To justify an investigatory stop, a law enforcement officer must have a founded suspicion that a person has committed, is committing, or is about to commit a crime. § 901.151(2), Fla....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 10 Fla. L. Weekly 473
...2637,
77 L.Ed.2d 110 (1983); Terry v. Ohio,
392 U.S. 1,
88 S.Ct. 1868,
20 L.Ed.2d 889 (1968). The right of law enforcement officers to stop and temporarily detain individuals under those circumstances has been codified in the Florida Stop and Frisk Law, section
901.151, Florida Statutes (1983)....
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 1992 WL 25817
...sentence of 30 days with 30 days credit for time served on Count III; (2) a document dated August 23, 1990, placed appellant on probation for one year on the Count III charge of possession of drug paraphernalia. The statutes applicable are sections
901.151(2) and
322.32(1), Florida Statutes (1989). Section
901.151(2) provides: 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...
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 1995 WL 51097
...The sole basis for the traffic stop was that the defendant's car had stopped at this residence where the officers suspected drugs were being sold. In order to justify an investigatory stop, a police officer must have a founded suspicion that a person has committed, is committing, or is about to commit a crime. § 901.151, Fla....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 1992 WL 362127
...We conclude the court correctly determined the initial detention of *74 Premo was proper. We hold, however, the state failed to establish the additional requirement needed to justify a pat down search as set forth 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 (1989). The state concedes this is a "stop and frisk" case. Both Terry and the Florida Statute recognize this is a two step process. Section
901.151(5) requires probable cause to believe the person temporarily detained is armed with a dangerous weapon before proceeding with a search....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 2000 WL 1879818
...See Thomasset v. State,
761 So.2d 383, 386 (Fla. 2d DCA 2000). Having decided that the deputy detained Mr. Rinehart, we must next decide whether the investigatory stop was supported by the officer's well-founded and articulable suspicion of criminal activity. See §
901.151, Fla.Stat....
CopyCited 4 times | Published | Florida 4th District Court of Appeal
...The mere recitation of the facts which led to the defendants' detention establishes that the officers had nothing approaching the "founded or reasonable suspicion" of criminal activity required to support such conduct. Lewis v. State,
337 So.2d 1031, 1032 (Fla. 2d DCA 1976); §
901.151, Fla....
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 1999 WL 1127621
...The first issue for this court is whether the officer had a founded suspicion to stop McNeil. We think there was. To effect a lawful investigatory stop, an officer must have a founded suspicion, or a reasonable articulable suspicion, that the person detained has committed, is committing or is about to commit a crime. § 901.151(2), Fla....
...y to seize) the contraband. I would affirm. NOTES [1] §
893.13(6)(a), Fla. Stat. (1997). [2] §
843.02, Fla. Stat. (1997). [3] According to the arrest report, McNeil pulled away "and had to be physically restrained while he went to the ground." [4] §
901.151....
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 1991 WL 159161
...The trial court believed his testimony, and found he had a reasonable basis for his suspicions. As an appellate court, we cannot reject the trial court's findings as a matter of law. Accordingly, we affirm. AFFIRMED. COWART, J., concurs. GRIFFIN, J., dissents with opinion. GRIFFIN, Judge, dissenting. Subsection 5 of section 901.151, Florida Statutes (1989) provides: (5) Whenever any law enforcement officer authorized to detain temporarily any person under the provisions of subsection (2) has probable cause to believe that any person whom he has temporarily detai...
...ected crime is associated with weapons. Johnson v. State,
537 So.2d 117 (Fla. 1st DCA 1988). A protective frisk that is based on a routine safety practice, instead of a factual predicate establishing probable cause, fails to meet the requirements of section
901.151, Florida Statutes, and is constitutionally impermissible....
...y, implying that any object, even a pill bottle, can be a dangerous weapon. Even if the "bulge" in T.P.'s shirt pocket created by the pill bottle were enough to warrant the pat down, inspection of the pill bottle exceeded the scope permissible under section 901.151, Florida Statutes....
...In the context of searches of citizens detained for investigation, if every fear becomes "reasonable" because anything is possible, "probable cause" becomes a threshold without any floor. NOTES [1] State v. Pye,
551 So.2d 1237 (Fla. 1st DCA 1989). [2] See §
901.151(5), Fla....
CopyCited 4 times | Published | Florida 1st District Court of Appeal
...ch individual. A .25 caliber pistol was found in appellant's left rear pocket. Although prior to the search Officer Crosby had observed a slight bulge in appellant's pocket, he indicated that "it [the bulge] was in the place a wallet might be at." F.S. 901.151, recognizes the principles set forth in Terry v....
..., in order lawfully to discover any evidence, besides his presence outside the convenience store and his association with the suspected thief, that would support a warrant for his arrest. Given that assumption, Phillips' detention was in accord with Section 901.151(2), Florida Statutes (1977): Whenever any law enforcement officer of this state encounters any person under circumstances which reasonably indicate that such person has committed .....
...f the person temporarily detained and the circumstances surrounding his presence abroad which led the officer to believe that he had committed ... a criminal offense. But the weapon search was unlawful. The standard for such searches is as stated in Section 901.151(5): Whenever any law enforcement officer authorized to detain temporarily any person under the provisions of subsection (2) has probable cause to believe that any person whom he has temporarily detained ......
CopyCited 4 times | Published | Florida 1st District Court of Appeal
...enced. A review of the facts adduced at the hearing on the motion supports the findings of the trial court that probable cause existed for defendant's arrest, and that the arresting officer complied with the requirements of the "stop and frisk law", Section 901.151, Florida Statutes....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal
...Levin,
452 So.2d 562 (Fla. 1984), the supreme court disapproved this court's holding in Boal v. State,
368 So.2d 71 (Fla. 2d DCA 1979), making it abundantly clear that these two factors, standing alone, are insufficient to justify even an investigative stop under section
901.151, Florida Statutes (1983)....
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 1996 WL 168614
...ld not have felt free to leave." Johnson v. State,
610 So.2d 581, 583 (Fla. 1st DCA 1992), review denied,
623 So.2d 495 (Fla. 1993). In order to justify a stop and frisk, "a law enforcement officer must have a founded suspicion of criminal activity. Section
901.151, Florida Statutes (1989); Terry....
CopyCited 3 times | Published | Florida 4th District Court of Appeal
...police officer who had been stationed there to insure that no one entered the residence while a search warrant was being obtained by other officers. After identifying himself, the officer commenced a frisk of appellant pursuant to the provisions of Section 901.151 Florida Statutes (1977)....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 1989 WL 117124
...d did not have probable cause to stop and search the vehicle or the purse as a consequence of the informant's "tip". She further argues that even if the police had a reasonable suspicion to stop the car and frisk the driver and occupants pursuant to section 901.151(2), Florida Statutes (1987), and Terry v....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 1994 WL 583281
...Officer Trubilla searched Burnett's vehicle and found fifteen pieces of crack cocaine underneath a hat on the front seat. Burnett did not consent to the search. In order to justify an investigatory stop, a police officer must have a founded suspicion that a person has committed, is committing, or is about to commit a crime. § 901.151....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 1994 WL 575457
...It is well-settled that to justify an investigatory stop and detention of an individual, a police officer must have a well-founded articulable suspicion that the individual has committed, is committing, or is about to commit a crime. Popple v. State,
626 So.2d 185 (Fla. 1993); §
901.151 Fla....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 1996 WL 637649
...denied,
484 U.S. 965,
108 S.Ct. 456,
98 L.Ed.2d 396 (1987); U.S. v. Bautista,
684 F.2d 1286 (9th Cir. 1982), cert. denied,
459 U.S. 1211,
103 S.Ct. 1206,
75 L.Ed.2d 446 (1983), and cert. denied,
459 U.S. 1211,
103 S.Ct. 1206,
75 L.Ed.2d 447 (1983); §
901.151(2), Fla.Stat....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 1997 WL 716072
...In that a search clearly took place in the case at bar, the rule stated in Neely is inapplicable. REVERSED and REMANDED with directions that the drug charge and sentence be vacated. ERVIN and KAHN, JJ., concur. BENTON, J., concurs in result. NOTES [1] Terry v. Ohio,
392 U.S. 1,
88 S.Ct. 1868,
20 L.Ed.2d 889 (1968). And see §
901.151, Fla....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 1997 WL 694930
...whether the appellant was armed. Thus, we hold that the search of appellant clearly exceeded the bounds of both Florida law and federal law and was per-se unreasonable. Reversed and remanded with directions. ALLEN and MICKLE, JJ., concur. NOTES [1] § 901.151, Fla....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 2000 WL 827009
...1,
88 S.Ct. 1868,
20 L.Ed.2d 889 (1968). The test is whether a reasonably prudent officer, under the circumstances which exist at the time of the stop, would be warranted in the belief that his safety, or the safety of others, was in danger. See id.; §
901.151(5), Fla....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 1999 WL 495487
...port a traffic stop. See Popple v. State,
626 So.2d 185, 186 (Fla.1993). To justify an investigatory stop, law enforcement must have a reasonable suspicion that the person has committed, is committing or is about to commit a crime. See id.; see also §
901.151(2), Fla....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 2010 Fla. App. LEXIS 7037, 2010 WL 2010804
...loodshot eyes, and a strong odor of alcohol. This, combined with a high rate of speed on the highway, was more than enough to provide [the officer] with reasonable suspicion that a crime was being committed, i.e., DUI. The officer was entitled under section 901.151 to conduct a reasonable inquiry to confirm or deny that probable cause existed to make an arrest....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 11 Fla. L. Weekly 1047
...on." Terry v. Ohio,
392 U.S. 1, 21,
88 S.Ct. 1868, 1880,
20 L.Ed.2d 889, 906 (1968). The circumstances which will justify an investigatory stop must reasonably indicate that the individual is engaged in criminal activity or else the stop is illegal. §
901.151, Fla....
CopyCited 3 times | Published | Florida 4th District Court of Appeal
...Whether there was a sufficient basis for the officer's frisk is a closer question. The mere fact that an officer has properly stopped a suspect does not automatically give him the right to conduct a frisk for weapons. Schnick v. State,
362 So.2d 423 (Fla. 4th DCA 1978). Rather, under Section
901.151(5), Florida Statutes (1981), the officer must have "probable cause to believe [that the suspect] is armed with a dangerous weapon and therefore offers a threat to the safety of the officer or any other person." [1] However, "[i]t is e...
...ing the nail-like object. See State v. Turner,
345 So.2d 767 (Fla. 4th DCA 1977). Accordingly, we approve the decision of the lower court denying Brezial's motion to suppress and affirm the conviction. LETTS, C.J., and BERANEK, J., concur. NOTES [1] Section
901.151(5) reads, in full: (5) Whenever any law enforcement officer authorized to detain temporarily any person under the provisions of subsection (2) has probable cause to believe that any person whom he has temporarily detained, or is about...
CopyCited 3 times | Published | Florida 4th District Court of Appeal
...Defendant appeals his conviction of possession of marijuana upon entry of a nolo contendere plea expressly reserving the right to appeal the denial of his motion to suppress. It is asserted that the warrantless search of defendant's vehicle was not authorized under the Florida stop and frisk law. Section 901.151, Florida Statutes (1979)....
...ion of Hochstetler's contention that he had been changing a tire. In Florida the legislature has enacted a "stop and frisk" statute that sets out the guidelines under which a temporary investigatory stop and search incident thereto may be conducted. Section 901.151(5), Florida Statutes (1979) provides: Whenever any law enforcement officer authorized to detain temporarily any person under the provisions of subsection (2) has probable cause to believe that any person whom he has temporarily detain...
...his behavior. No evidence of a break-in was found and had Officer Hart checked out Hochstetler's explanation that he had been changing a flat tire, which could have been done at no danger to anyone, the whole episode would have ended then and there. Section 901.151(4), Florida Statutes (1979), specifically provides that a detainee is to be released if, after an inquiry into the circumstances which prompted the temporary detention, no probable cause for the arrest of the person appears....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal
...ffense. We need not and do not decide whether Truesdale's initial approach, pat-down, and records check on the boys constituted a valid Terry [1] stop. Assuming arguendo that it did, Truesdale went beyond the scope of the Florida Stop and Frisk Law, Section 901.151, Florida Statutes (1981)....
...That section authorizes a law enforcement officer to detain a 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), and, if the officer "has probable cause to believe that any person whom he has temporarily detained ... is armed with a dangerous weapon and therefore offers a threat to the safety of the officer," to "search such person ... only to the extent necessary to disclose, and for the purpose of disclosing, the presence of such weapon." §
901.151(5) (emphasis supplied). In the first place, we believe, based on Truesdale's testimony and the surrounding circumstances, that Truesdale did not have the probable cause required under section
901.151(5), In the Interest of G.T.,
387 So.2d 485 (Fla....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 2008 WL 762540
...State,
626 So.2d 185, 186 (Fla. 1993) (internal citations omitted). Thus, to detain an individual for an investigatory stop the State need only demonstrate that police officers had a reasonable suspicion that the individual was involved in the commission of a crime. See §
901.151(2), Fla Stat....
...However, while we agree that the officers articulated a reasonable suspicion that appellant was involved in the burglaries, and were therefore authorized to conduct an investigatory stop, we hold that the officers exceeded the scope of a lawful investigatory stop in this case. Regarding investigatory stops, Florida Statutes, section 901.151, provides, "[n]o person shall be temporarily detained . . . longer than is reasonably necessary to effect the purposes of that subsection. Such temporary detention shall not extend beyond the place where it was first effected or the immediate vicinity thereof." See § 901.151(3), Fla Stat....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 2010 WL 979481
...Webb,
398 So.2d 820 (Fla.1981), allows an officer who has validly stopped an individual to pat down and search the person if the officer has reasonable suspicion 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....
...The success of the search, however, is not now and never has been the test to be applied. Applying the established law to the facts of this case, it is clear that the search was not reasonable, and that the motion to suppress should have been granted. See § 901.151(6), Fla....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 2012 WL 832836, 2012 Fla. App. LEXIS 4063
...An investigatory stop or temporary detention (also known as a Terry stop), which requires a reasonable suspicion that an individual has committed, is committing, or is about to commit a crime. See Terry v. Ohio,
392 U.S. 1,
88 S.Ct. 1868,
20 L.Ed.2d 889 (1968); Fla. Stat. §
901.151(2)(1997) ("Florida Stop and Frisk Law")....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 2001 WL 245948
...An investigatory stop must be based on reasonable suspicion. Terry v. Ohio,
392 U.S. 1,
88 S.Ct. 1868,
20 L.Ed.2d 889 (1968); Popple v. State,
626 So.2d 185 (Fla.1993); Reynolds v. State,
592 So.2d 1082 (Fla.1992). Under Florida's "Stop and Frisk Law," section
901.151, Florida Statutes (1997), law enforcement officers may temporarily detain a person only "under circumstances which reasonably indicate that such person has committed, is committing, or is about to commit a violation of the criminal la...
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 1990 WL 79112
...apon. He justified the search "[b]ecause generally when you are dealing with any type of drug call, for my own safety I will always check the outer clothing for weapons." While this might well be prudent policy, it does not comply with existing law. Section 901.151, Florida Statutes (1987) requires that before a search can be conducted the officer must have "probable cause to believe that the person to be searched is armed with a dangerous weapon." This court held in Redfin v....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal
...At the outset, we beg to differ with appellant's contention that the officers had no right whatsoever to look in appellant's pocket. The bulge in the pocket first noticed by the officers looked as if it might have been caused by a gun, and the officers had every right to make a frisk for their own safety under section 901.151, Florida Statutes (1979)....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 2010 Fla. App. LEXIS 10453, 2010 WL 2795381
...Unquestionably, Officer Harriett's order to the assembled crowd to sit on the ground was a "seizure" or detention for Fourth Amendment purposes. See Gipson v. State,
667 So.2d 418, 419-20 (Fla. 5th DCA 1996). For a justified temporary detention, Officer Harriett must have had a reasonable suspicion of criminal activity. See §
901.151(2), Fla....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 2013 WL 45743, 2013 Fla. App. LEXIS 78
...n absent that person’s consent.” Gaffney v. State,
974 So.2d 425, 426 (Fla. 2d DCA 2007) (citing Terry v. Ohio,
392 U.S. 1 ,
88 S.Ct. 1868 ,
20 L.Ed.2d 889 (1968), and Florida v. Royer,
460 U.S. 491 ,
103 S.Ct. 1319 ,
75 L.Ed.2d 229 (1983)); see §
901.151, Fla....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 1992 WL 15902
...Johnson testified that he followed the automobile as it was being driven away, and he stopped the car after two or three blocks. During the stop, Johnson observed a crack pipe between the appellant's feet, and he discovered a plastic bag containing crack cocaine hidden in the appellant's mouth. Section 901.151, Fla....
CopyCited 3 times | Published | Florida 4th District Court of Appeal
...This latenight rendezvous was observed by police, it was of short duration, and included a crouching down of the defendant. Thereafter, the two separated and walked off in opposite directions. Any officer would have his or her suspicions aroused by such a chain of unusual circumstances and in my view it would be "founded." Section 901.151, Florida Statute (1977) does not require probable cause, it speaks of circumstances which reasonably indicate a present or impending violation of the criminal laws....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 1992 WL 858
...MINER, J., concurs. SHIVERS, J., dissents with opinion. SHIVERS, Judge, dissenting. I respectfully dissent. Once the purpose of a temporary detention has been effected, and no probable cause to arrest has been shown, the suspect is entitled to immediate release. See § 901.151(3), Fla....
...d break-in, once the officers ascertained appellant's identity, and he provided a reasonable and unrefuted explanation for going to the complainant's residence, and there appeared no other probable cause to arrest, appellant was entitled to release. Section 901.151(3) and (4), Fla. Stat. (1989). The officers' insistence that appellant accompany them to the police station contravened the express provisions of section 901.151(3), Florida Statutes....
...State,
579 So.2d 721, 723 (Fla. 1991); State v. Pye,
551 So.2d 1237, 1239 (Fla. 1st DCA 1989), the trial court's finding that appellant consented to an extension of the investigatory stop is without support in the record, and constitutes an improper application of section
901.151....
...See California v. Hodari D.,
111 S.Ct. at 1551. I conclude the frisk which resulted in appellant's arrest for carrying a concealed firearm occurred in the context of an unconstitutional stop, i.e., a continued detention which went beyond the limited section
901.151 exception to the warrant requirement....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 2000 WL 35828
...Tripp's suspicions were further increased when LaFontaine pulled over to the side of the road and let him pass. In order to justify an investigatory stop, a police officer must have a reasonable suspicion that the suspect has committed, is committing, or is about to commit a crime. See § 901.151(2), Fla....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 1996 WL 695286
...PERRY, B., Associate Judge. The defendant, Elbert Brown, filed a motion to suppress cocaine, drug paraphernalia, a Lipton iced tea can and certain admissions on the ground that the traffic stop which preceded the search and seizure of the evidence was violative of section 901.151, Florida Statutes (1995) [Stop and Frisk Law]....
...al dumping and made a "furtive movement" when approached by the deputy does not give rise to a founded suspicion of criminal activity and further does not justify a detention and search of the vehicle. This detention and search was not authorized by section 901.151....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 11 Fla. L. Weekly 2650
...2034,
23 L.Ed.2d 685 (1969), or a search based on consent, see, Schneckloth v. Bustamonte,
412 U.S. 218,
93 S.Ct. 2041,
36 L.Ed.2d 854 (1973). As noted, however, the officers had no probable cause to arrest the defendant since the evidence, at most, supported only an investigatory stop under the Florida Stop and Frisk law. §
901.151, Fla....
CopyCited 3 times | Published | Florida 1st District Court of Appeal
...sence at such time. Thus, the officer did not have authority at such time to arrest appellant for a crime. The evidence is sufficient, however, to show that at such time the officer had authority to restrain appellant under the "stop and frisk law", Section 901.151, Florida Statutes....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 1998 WL 438806
...Ohio,
392 U.S. 1,
88 S.Ct. 1868,
20 L.Ed.2d 889 (1968). At this level, a police officer may reasonably detain a citizen temporarily if the officer has a reasonable suspicion that a person has committed, is committing, or is about to commit a crime. §
901.151 Fla....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 1995 WL 497112
...Hunter,
615 So.2d 727, 731 (Fla. 3d DCA 1993), review denied,
626 So.2d 205 (Fla. 1993). Under the circumstances of this case, there were more than enough facts, as set forth above, to create a founded suspicion and to justify an investigatory stop of the automobile. See §
901.151, Fla....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 2008 WL 3851695
...igatory, or Terry, stop. See Parsons v. State,
825 So.2d 406, 408 (Fla. 2d DCA 2002) ("To justify an investigatory stop, a police officer must have a well-founded suspicion that the person has committed, is committing, or is about to commit a crime. §
901.151(2), Fla....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 2004 WL 1809868
...The deputy searched the interior and discovered two rocks of crack cocaine, which Mr. Paff was charged with possessing. Mr. Paff filed a motion to suppress the cocaine, asserting that the deputy sheriff lacked reasonable suspicion to stop his vehicle. See § 901.151(2), Fla....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 1992 WL 72018
...When asked why he pulled the car over, Detective Ross replied, "Find out why they wanted to go into a closed gas station." He also specified that they had been driving rather slowly in a darkened commercial area. Following a search, officers discovered cocaine and heroin inside the vehicle. Under section 901.151, Florida Statutes (1989), an officer must have a founded suspicion of criminal activity before he can make a stop....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 2008 WL 900302
...While the conduct of sitting in an automobile with towels covering the windows is unusual and may cause an officer to be suspicious of such behavior, the law requires more than mere suspicion it requires that the conduct create an articulable suspicion of criminal activity. See § 901.151(2), Fla....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 1992 WL 81055
...2d DCA 1988), another case involving the hailing of vehicles in a "high crime area" and one in which we concluded the search and seizure were invalid. However, as the supreme court recently has reminded us, the "stop and frisk" procedure authorized by Terry v. Ohio,
392 U.S. 1,
88 S.Ct. 1868,
20 L.Ed.2d 889 (1968), and section
901.151, Florida Statutes (1991), is a two-step process....
CopyCited 3 times | Published | Florida 5th District Court of Appeal
...Since the officers had neither an arrest nor search warrant, the only legal way they could have detained the appellant was if they had reasonable grounds to believe he had committed a violation. If they had such a reasonable belief, also defined as "founded suspicion," then the Florida Stop and Frisk law, section 901.151(2), Florida Statutes (1979), gives the authority for the detainer....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 2006 WL 357889
...The state attorney filed a Petition for Delinquency, charging C.N.H. with violations of sections
790.115(2)(a) and (b), for willfully and knowingly possessing a knife while on school property. The defense filed two motions to suppress, arguing that the search and seizure was not performed in compliance with section
901.151, because school personnel had no reasonable suspicion that C.N.H....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 2013 Fla. App. LEXIS 14158, 2013 WL 4734572
...The second type of encounter is an investigatory stop. Id. This category of search arises from the seminal United States Supreme Court case Terry v. Ohio,
392 U.S. 1 ,
88 S.Ct. 1868 ,
20 L.Ed.2d 889 (1968), and was codified by the Florida legislature in section
901.151 of the Florida Statutes....
...Although investigatory stops are less intrusive than a full search incident to an arrest, they still require an officer to have reasonable suspicion that a suspect has committed, is committing, or is about to commit a crime before the stop can constitutionally occur. § 901.151(2), Fla....
...ining the identity of the person temporarily detained and the circumstances surrounding the person’s presence abroad which led the officer to believe that the person had com *80 mitted, was committing, or was about to commit a criminal offense.” § 901.151(2)....
...During an investigatory stop, an officer may conduct a “stop and frisk” or pat-down of the suspect if the officer has a reasonable belief that the suspect “is armed with a dangerous weapon and therefore offers a threat to the safety of the officer or any other person....” § 901.151(5)....
...ble suspicion. Id. Should the detainee’s responses or actions during a limited investigatory stop give rise to heightened suspicion rising to the level of probable cause, the stop can blossom into an arrest and search based on that probable cause. § 901.151(3), (4); United States v....
...propriately trigger routine police investigation, which may ultimately generate sufficient information to blossom into probable cause.” (internal citations omitted)). Absent such exacerbating evidence though, the investigatory stop must terminate. § 901.151(4). To justify a pat-down search during an investigatory stop, however, the officer must have reasonable belief that the suspect is armed. § 901.151(5)....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal
...en suppressed. Appellant correctly notes that under our "stop and frisk" law a law enforcement officer must have a founded suspicion that a person has committed, is committing, or is about to commit a crime before he may lawfully detain such person. § 901.151, Fla....
...A frisk or pat-down incident to an investigatory stop may be conducted but only where a law enforcement officer has a reasonable belief that the person detained is armed with a dangerous weapon and therefore offers a threat to the officer or another person. § 901.151(5), Fla....
...(1979); State v. Webb,
398 So.2d 820 (Fla. 1981). Furthermore, any such frisk of a detainee conducted after a stop is limited in scope and is only permissible to the extent necessary to disclose and for the purpose of disclosing the presence of a weapon. §
901.151(5), Fla....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 2006 WL 2714271
...to suppress. Accordingly, I respectfully dissent. To detain a person for investigation, an officer must have a reasonable suspicion, based on objective, articulable facts, that the person has committed, is committing, or is about to commit a crime. § 901.151(2), Fla....
CopyCited 2 times | Published | Florida 4th District Court of Appeal
...a public figure's attempt to gain anonymity), in others it creates an aura of justifiable suspicion. Hence, the temporary detention of the defendant was valid under the mandates of both Terry v. Ohio,
392 U.S. 1,
88 S.Ct. 1868,
20 L.Ed.2d 889 (1968) and Florida's "Stop and Frisk" law, Section
901.151, Florida Statutes (1979)....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2005 WL 2253895
...The trial court erroneously concluded that the initial encounter between Officer Marchica and Williams was a valid investigatory stop. There was no reasonable suspicion on the part of Officer Marchica that Williams was committing the crime of trespass. See Popple v. State,
626 So.2d 185 (Fla.1993); see also §
901.151, Fla....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2007 WL 2890086
...requests to examine identification. See id. A detention is "lawful" when the officer has "a reasonable suspicion that the person has committed, is committing, or is about to commit a crime." Slydell v. State,
792 So.2d 667, 671 (Fla. 4th DCA 2001); §
901.151(2), Fla....
...I just thought she was going to take the note-pad (sic) and that would be the end of it and let us go. At the same time Officer Nelson said no contact with police so I thought that meant absolutely none. So yes, I was trying to do what was right in my own way. [2] Section 901.151(2), Florida Statutes (2006) ("Florida Stop and Frisk Law") provides: Whenever any law enforcement officer of this state encounters any person under circumstances which reasonably indicate that such person has committed, is committing,...
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 1990 WL 175050
...To justify the officer's stop and detention in the subject case, the officer must have a "founded suspicion" that criminal activity was afoot. Terry v. Ohio,
392 U.S. 1,
88 S.Ct. 1868,
20 L.Ed.2d 889 (1968); Gipson v. State,
537 So.2d 1080 (Fla. 1st DCA 1989); State v. Hughes,
562 So.2d 795, 796 (Fla. 1st DCA 1990); §
901.151, Fla....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2014 WL 1871510, 2014 Fla. App. LEXIS 6939
...reasonably warrant a finding that a breach of the peace is imminent or the public safety is threatened, then the officer is almost always allowed to a conduct a Terry stop for some other crime in which harm to person or property is an element. Under section 901.151(2), Florida Statutes (2011), an officer can conduct a stop and frisk, i.e., a Terry stop, when the circumstances reasonably indicate that the suspect “is about to commit a violation of the criminal laws of this state.” For an offi...
...THE ARRESTING DEPUTY COULD NOT CONDUCT A TERRY STOP FOR THIS MISDEMEANOR The State has never argued in this case that the deputy who ordered the stop of the taxi had reasonable suspicion that an occupant of the vehicle had committed, was committing, or was about to commit an offense that would authorize a Terry stop under section 901.151, with the exception of loitering or prowling....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 1997 WL 282352
...We do not agree with the judge that the BOLO description sufficiently bolstered the officer's suspicion such that he had a reasonable suspicion of criminal activity. The appellant's observed activities fall short of supplying the officer with a reasonable suspicion that he was committing a criminal offense. See § 901.151(2), Fla....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 11 Fla. L. Weekly 1175
...ere were no articulable facts and rational inferences therefrom which would support the stop of the defendants or the subsequent warrantless search of their lawfully parked automobile. Terry v. Ohio,
392 U.S. 1,
88 S.Ct. 1868,
20 L.Ed.2d 889 (1968); §
901.151(2), Fla....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 1990 WL 62906
...Perez moved to suppress the firearm and the statement he made to the officers. The trial court concluded, and the State concedes, that the police officers did not have a founded suspicion which would support an investigative stop of the defendant under section 901.151, Florida Statutes (1987)....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2004 WL 1057807
...168,
4 L.Ed.2d 134 (1959), it is not required for an investigatory stop, Terry v. Ohio,
392 U.S. 1,
88 S.Ct. 1868,
20 L.Ed.2d 889 (1968). All that is required for an investigatory stop is reasonable suspicion to believe that the individual has committed, is committing, or is about to commit a crime. Id.; §
901.151, Fla....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 1998 WL 96747
...Appellant filed a timely notice of appeal on the motion to suppress. Florida's Stop and Frisk Law states that an officer may make an investigatory stop where the circumstances reasonably indicate that a person has committed or is about to commit a violation of the law. See § 901.151, Fla....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 11 Fla. L. Weekly 573
...asonable belief that the Defendant was engaging in criminal activity. Alternatively, the state argued that the mere approach by the officer and request for identification did not constitute a "stop" as contemplated by Florida's stop and frisk law (F.S. 901.151) nor under the case law evolving from Terry v....
...That arrest justified the search of the passenger compartment of the automobile. See New York v. Belton,
453 U.S. 454,
101 S.Ct. 2860,
69 L.Ed.2d 768 (1981). REVERSED. ORFINGER and COWART, JJ., concur. NOTES [1] The Terry rule has been incorporated as section
901.151, Florida Statutes (1983), which provides, in pertinent part: (1) This section may be known and cited as the "Florida Stop and Frisk Law." (2) Whenever any law enforcement officer of this state encounters any person under circumstances...
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 2010 Fla. App. LEXIS 4194, 2010 WL 1224480
...ut of a lawfully-stopped car, a permissible investigatory detention, does not transform that detention into an arrest. Here, the information obtained during and immediately after that detention then provided probable cause for Zaldivar's arrest. See § 901.151, Fla....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 1988 WL 24170
...Kibbee,
513 So.2d 256 (Fla. 2d DCA 1987). However, the trial court erred in suppressing the cocaine seized from Boulia's purse. The trial court offered as its reason for suppression that the cocaine was the product of an impermissible weapons search under section
901.151, Florida Statutes (1985), [1] since Brown had no reason to believe that Boulia was armed and dangerous....
...f cannabis. Rawlings; Dixon. Based on the foregoing reasoning, we reverse the suppression order and remand the case for the trial court to conduct further proceedings consistent with this opinion. LEHAN, A.C.J., and THREADGILL, J., concur. NOTES [1] 901.151 Stop and Frisk Law....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 1995 WL 124680
...The officer arrested Hall for discharging a firearm in public, a first-degree misdemeanor, and carrying a concealed firearm, a third-degree felony. In granting the motion to suppress, the trial court found the officer's procedure of ordering the suspects on the ground face down violative of Florida's Stop and Frisk Law. § 901.151, Fla. Stat. (1993). The trial court further found the search lacked the probable cause necessary to justify a patdown. § 901.151(5)....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2010 Fla. App. LEXIS 3621
...Webb,
398 So.2d 820 (Fla.1981), allows an officer who has validly stopped an individual to pat down and search the person if the officer has reasonable suspicion 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....
...The success of the search, however, is not now and never has been the test to be applied. Applying the established law to the facts of this case, it is clear that the search was not reasonable, and that the motion to suppress should have been granted. See § 901.151(6), Fla....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2003 WL 1239970
..."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." Slydell v. State,
792 So.2d 667, 671 (Fla. 4th DCA 2001) (citing Popple v. State,
626 So.2d 185, 186 (Fla.1993)). See also §
901.151(2), Fla....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal
...nd." Id. at 606-07.
"In order not to violate a citizen's Fourth Amendment rights, an
investigatory stop requires a well-founded, articulable suspicion of criminal activity."
Popple v. State,
626 So. 2d 185, 186 (Fla. 1993); see also §
901.151(2), Fla....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2006 WL 1541248
...the influence of alcohol. In order to justify an investigatory stop, a police officer must have a reasonable suspicion that a person has committed, is committing, or is about to commit a crime. Popple v. State,
626 So.2d 185, 186 (Fla.1993) (citing §
901.151(2), Fla....
...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....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 1990 WL 73205
...See §
893.13, Fla. Stat. (1987). A.G. moved to suppress the cocaine, arguing that it was the product of an illegal stop, or attempted stop, by the police. The State conceded that the officers did not have a founded suspicion to support a stop under section
901.151, Florida Statutes (1987), but argued that there had been a voluntary abandonment of the bag by A.G....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal
...for the purpose of hiring a public defender. See State v. Ashby, Fla. 1971,
245 So.2d 225 and Ackles v. State, Fla.App. 1972,
270 So.2d 39. With respect to the motion to suppress, we conclude that the denial thereof was reversible error. Fla. Stat. §
901.151, F.S.A....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2007 WL 1789299
...[1] E.D.R. alleged in his motion to suppress that he was asleep on the porch when the police entered the porch area without a founded suspicion that a crime had been, was being, or was about to be committed. Further, the seizure was not pursuant to section 901.151, Florida Statutes (2005), Florida's Stop and Frisk Law....
CopyCited 2 times | Published | District Court of Appeal of Florida | 1995 Fla. App. LEXIS 6812
...police. The trial court found that D.G.’s protests rose to the level of a violation of section
843.02. The state does. not argue that the police had a valid basis to perform an investigatory stop of D.G. or to enter his home without a warrant. See §
901.151, .19, Fla....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 1994 WL 248257
...About that time Sergeant Taylor saw the bulge in Poole's pocket, inconsistent with a beeper, and consistent with a firearm. A number of cases decided by the Florida courts have held that a "founded suspicion" which is necessary for a Terry stop or a stop pursuant to section 901.151(2), Florida Statutes (1989), does not arise from the fact that a person is in a high crime area, [3] nor does flight from an officer in a high crime area constitute founded suspicion, [4] nor are suspicious movements of a person combined with flight sufficient....
...Allgood v. State,
403 So.2d 586 (Fla. 1st DCA 1981). The affirmance in this case on the ground the police had a "founded suspicion" not only conflicts, in my view, with cases decided by this and other Florida appellate courts, but it also tends to erode section
901.151 and the Fourth Amendment's requirements of "a well-founded, articulable suspicion of criminal activity." [7] It makes the distinction between "mere suspicion" and "well-founded" suspicion more and more blurred....
...inferences and deductions therefrom, in a manner most favorable to sustain the trial court's ruling. McNamara v. State,
357 So.2d 410, 412 (Fla. 1978). [3] The legislature codified Terry by enacting Chapter 69-73, Laws of Florida, now encompassed in section
901.151, Florida Statutes (1993), which is entitled "Stop and Frisk Law". We acknowledge that section
901.151(5) states that the officer must have "probable cause" to believe that the detained person is armed in order to search such person; however, our supreme court equated the term "probable cause" as used in the statute to the Terry standa...
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 1998 WL 430355
...ry and consensual act." Because of the valid traffic stop and the bulge in appellant's pocket, the deputy was entitled to conduct a protective pat down search for weapons. See Terry v. Ohio,
392 U.S. 1,
88 S.Ct. 1868,
20 L.Ed.2d 889 (1968). See also §
901.151, Fla....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 1996 WL 419033
...right to appeal the denial of the motion to suppress. The appellant contends that the trial court erred in denying his motion to suppress the crack cocaine because the pat-down search of his body was conducted in violation of the stop and frisk law, section 901.151(5), Florida Statutes, and article I, section 12 of the Florida Constitution....
...gerous weapon and therefore offers a threat to the safety of the officer or any other person, he may search such person so temporarily detained only to the extent necessary to disclose, and for the purpose of disclosing, the presence of such weapon. § 901.151, Fla....
...1st DCA 1992), we further explained the permissible scope of a pat-down search conducted pursuant to a legal detention: A valid stop does not necessarily mean that there can be a valid frisk.... [U]nder the exception created in Terry v. Ohio,
392 U.S. 1,
88 S.Ct. 1868,
20 L.Ed.2d 889 (1968), and codified in section
901.151, a law enforcement officer, for his own protection or the safety of others, may conduct a pat down to find weapons that he reasonably believes or suspects are then in possession of the person whom he has stopped....
...efusing transportation for appellant and eliminating any safety concerns. The majority finds it unnecessary to decide whether there was a basis for reasonable suspicion that appellant was engaged in criminal activity because more is required, citing section 901.151, Florida Statutes and discussing its implications in the instant case. However, in discussing that statute, the supreme court tells us: Viewing section 901.151 in the context of its stated purpose to permit officers to temporarily detain and question persons under circumstances reasonably indicating criminal activity, past, present, or imminent, and to frisk where they have reasonable belief...
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2007 WL 2119157
...Ohio,
392 U.S. 1,
88 S.Ct. 1868,
20 L.Ed.2d 889 (1968). At this level, a police officer may reasonably detain a citizen temporarily if the officer has a reasonable suspicion that a person has committed, is committing, or is about to commit a crime. §
901.151, Fla....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 1997 WL 400112
...e. See §
856.021(2), Fla. Stat. As indicated, we also affirm the conviction for resisting a police officer who is performing a legal dutyi.e., conducting a valid Terry stop. See Terry v. Ohio,
392 U.S. 1,
88 S.Ct. 1868,
20 L.Ed.2d 889 (1968), and §
901.151, Fla....
CopyCited 2 times | Published | Florida 5th District Court of Appeal
...Therefore, appellant argues, the search was not incident to a lawful arrest. He relies on cases such as Martin v. State,
360 So.2d 396 (Fla. 1978), which found that a search was illegal because it did not fit any of the recognized exceptions to warrantless searches. Section
901.151, Florida Statutes (1979), gives an officer the authority to temporarily detain a 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......
...no action at that time. Appellant, in response to an inquiry, had advised the officer that he had no concealed weapon permit. [2] Section
790.01(2), Florida Statutes, states that the carrying of a concealed firearm is a third degree felony. [3] Sec.
901.151(5), Fla....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 1999 WL 44084
...106,
98 S.Ct. 330,
54 L.Ed.2d 331 (1977). The suppression motion turns on whether the deputy exceeded his authority in conducting a pat-down search and, if so, whether Howell voluntarily made the statement revealing the presence of the firearm. Under section
901.151(5), Florida Statutes (1995), an officer must have probable cause to believe that a person temporarily detained is armed and dangerous before conducting a pat-down search for weapons....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 1991 WL 16310
...The trial court accepted the plea and found the suppression ruling dispositive of the case. This appeal ensued. A police officer may stop and question a person where circumstances reasonably indicate that the person has committed or is about to commit a crime. § 901.151, Fla....
CopyCited 2 times | Published | Florida 4th District Court of Appeal
...a knife and thereafter discovered a .22 caliber pistol upon searching under the front passenger seat. It requires no deep thought to figure out the points on appeal. Simply stated, it is argued that there was no founded suspicion for the stop under Section 901.151(2), Florida Statutes (1979) and no probable cause for the search under Chapter 901.151(5)....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2010 Fla. App. LEXIS 20137, 2010 WL 5391539
...An officer is permitted to conduct a protective pat-down search of a suspect when the officer *796 has probable cause to believe that the individual is armed with a dangerous weapon and poses a threat to the officer or other persons. Dewberry v. State,
905 So.2d 963, 966 (Fla. 5th DCA 2005); see also §
901.151(5) Fla....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 1987 WL 3373
...210,
104 S.Ct. 1758,
80 L.Ed.2d 247 (1984) (police request for identification not fourth amendment seizure), it was appropriately incidental to the proper conduct of any Terry or traffic stop which necessarily involves determining the defendant's identity. See §
901.151, Fla....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 2011 WL 6373008
...e child is attained by a person authorized by law, pending the child's release, detention, placement, or other disposition authorized by law." §
984.03(53), Fla. Stat. (2011). [2] See Terry v. Ohio,
392 U.S. 1,
88 S.Ct. 1868,
20 L.Ed.2d 889 (1968); §
901.151, Fla....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2010 WL 3023327
...The mere stop of a vehicle does not confer upon the authorities the right to frisk a passenger. See Moore v. State,
874 So.2d 42, 43 (Fla. 2d DCA 2004); Smith v. State,
735 So.2d 570, 572 (Fla. 2d DCA 1999). Both Terry v. Ohio,
392 U.S. 1,
88 S.Ct. 1868,
20 L.Ed.2d 889 (1968), and section
901.151, Florida Statutes, permit an officer to detain someone when the officer reasonably suspects that the person has committed, is committing or is about to commit a crime, and then to frisk that person if the officer has cause to suspect that the individual may be armed....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2010 Fla. App. LEXIS 11284
...The mere stop of a vehicle does not confer upon the authorities the right to frisk a passenger. See Moore v. State,
874 So.2d 42, 43 (Fla. 2d DCA 2004); Smith v. State,
735 So.2d 570, 572 (Fla. 2d DCA 1999). Both Terry v. Ohio,
392 U.S. 1 ,
88 S.Ct. 1868 ,
20 L.Ed.2d 889 (1968), and section
901.151, Florida Statutes, permit an officer to detain someone when the officer reasonably suspects that the person has committed, is committing or is about to commit a crime, and then to frisk that person if the officer has cause to suspect that the individual may be armed....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 1989 WL 99699
...ause). However, in the case at bar, a determination of probable cause is not necessary because the corroborated information was sufficient, de minimis, to justify a reasonable suspicion of illegal activity and detention under the Stop and Frisk Law. § 901.151, Fla....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2013 WL 4483061, 2013 Fla. App. LEXIS 13452
...1st DCA 2006). Because an investigatory stop constitutes a seizure, once the defendant properly raises the issue, the burden falls upon the State to establish the validity of the investigatory stop by showing that it *200 was based on reasonable suspicion. § 901.151, Fla....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 1980 Fla. App. LEXIS 16970
...testified that neither himself nor G.T. were acting in a suspicious manner while in the store. He testified that they were just looking around at the merchandise in the store both before and during the police officers arrival at the scene. The result here hinges on Section 901.151, Florida Statutes (1979), our "Stop and Frisk Law." Initially we are concerned with whether there were circumstances which reasonably indicated that the two youths were about to commit a violation of the *487 criminal laws of this State and we think there were....
...True, they may have a logical explanation, such as wanting to buy a plant for mother's birthday, but that does not negate a policeman's right to stop, ask questions and temporarily detain. We, therefore, hold the stop to be proper. As to the frisk we must come to a different conclusion. Section 901.151 requires that before a pat down for a weapon may be conducted, the officer must have probable cause to believe the suspect is armed....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2003 WL 21918798
...nvestigatory stop. Popple,
626 So.2d at 188; Parsons v. State,
825 So.2d 406, 408 (Fla. 2d DCA 2002). To justify such a stop, the officer must have a well-founded suspicion that the person has committed, is committing, or is about to commit a crime. §
901.151(2), Fla....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 2011 Fla. App. LEXIS 12526, 2011 WL 3477030
...However, such a stop does not, in and of itself, give rise to a valid reason for a weapons pat-down. See Richardson v. State,
599 So.2d 703, 705 (Fla. 1st DCA 1992). Such a pat-down is authorized only where the officer has a reasonable suspicion to believe the suspect is armed with a dangerous weapon. See §
901.151(5), Fla....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 2001 WL 326668
...The deputy then turned, pursued, and stopped the vehicle that resulted in the charges [2] against Appellants. An officer without a warrant may detain a person temporarily if the officer has a reasonable, or "founded," suspicion that a person has committed, is committing, or is about to commit a crime. § 901.151, Fla....
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 2 times | Published | Florida 3rd District Court of Appeal | 2009 Fla. App. LEXIS 3409, 2009 WL 1066137
...ished as a result of the motion to suppress. The court granted the motion to dismiss with prejudice. This appeal followed. The State argues that the evidence obtained from Vila's stop of the defendant *1254 should not have been suppressed. We agree. Section 901.151, Florida Statutes provides, in pertinent part: (2) Whenever any law enforcement officer of this state encounters any person under circumstances which reasonably indicate that such person has committed, is committing, or is about to co...
...of ascertaining the identity of the person temporarily detained and the circumstances surrounding the person's presence abroad which led the officer to believe that the person had committed, was committing, or was about to commit a criminal offense. § 901.151(2), Fla....
...Prior to Vila stopping the defendant, Vila had followed-up on an anonymous tip that marijuana was being grown at the residence, personally detected the odor of marijuana emanating from the residence, and observed the filled trash bags and R-Max board in the residence's garage. Section 901.151(2) merely requires that Vila had encountered the defendant "under circumstances which reasonably indicate[d] that such person has committed, is committing, or is about to commit a violation of the criminal laws of this state....
CopyCited 2 times | Published | Florida 4th District Court of Appeal
...3d DCA 1990); Duncan v. State,
588 So.2d 50 (Fla. 3d DCA 1991). [2] No reasonable view of the facts found by the trial judge in this case supports a conclusion that the officer did possess the requisite reasonably founded suspicion necessary to justify a stop. See §
901.151, Fla....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 1991 WL 53541
...During the search, cocaine was discovered in the appellant's right front pocket. A law enforcement officer may temporarily detain a person if the officer has a founded suspicion that the person has committed, *1003 is committing, or is about to commit a crime. § 901.151, Fla....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2012 Fla. App. LEXIS 5562, 2012 WL 1192129
...1, 21-22 , *458
88 S.Ct. 1868,
20 L.Ed.2d 889 (1968); Popple v. State,
626 So.2d 185, 186 (Fla.1993) (explaining that investigatory stops under Terry are permissible where an officer has a well-founded, articulable suspicion of criminal activity); §
901.151(2), Fla....
...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....
...n omitted). Therefore, we conclude that the officer’s testimony did not demonstrate probable cause. Based on the foregoing, the trial court erred in denying Appellant’s motion to suppress. Reversed and remanded. WARNER and CONNER, JJ., concur. . § 901.151, Fla. Stat. (2009). . The Florida Supreme Court has indicated that the meaning of "probable cause” in section 901.151(5), is not synonymous with the stricter probable cause standard used to evaluate the legality of a search warrant or an arrest, but instead means reasonable belief or suspicion....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 1990 WL 41245
...than other available less intrusive means," the motion to suppress was denied. Appellant does not contest his initial detention, but does challenge the subsequent weapons search. The state concedes that the search "exceeded the scope permitted under section
901.151, Fla. Stat.," and we agree. Section
901.151 is the "Florida Stop and Frisk Law" and authorizes the temporary stop and detention of an individual based upon a founded suspicion of criminal activity. See e.g., Gipson v. State,
537 So.2d 1080 (Fla. 1st DCA 1989). The statute also permits a weapons search of a detained individual when a sufficient articulable suspicion supports the belief that an individual is armed with a dangerous weapon. See section
901.151(5), Florida Statutes; L.D.P....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 10 Fla. L. Weekly 951
...on for the officers to believe that appellant, as contrasted with his companion, had committed a crime. Appellant argues that without such a reasonable belief the officers had no grounds on which to detain appellant under the Stop and Frisk Statute, section 901.151, Florida Statutes (1983)....
CopyCited 1 times | Published | Florida 1st District Court of Appeal
...It is well settled that, to effect a constitutionally-permissible investigatory
stop, a law enforcement officer must have a well-founded, articulable suspicion
that the person stopped has committed, is committing, or is about to commit a
crime. § 901.151, Fla....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2006 WL 2787330
...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.Stat....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 1988 WL 96454
...Hewitt,
495 So.2d 809 (Fla. 1st DCA 1986), rev. denied,
504 So.2d 768 (Fla. 1987), [1] argued that (1) while the information given to police officers by the so-called "registered confidential informant" might be sufficient for a stop and frisk under section
901.151, Florida Statutes, such "pat-down" or "frisk" resulted in no factual basis for a belief that the defendant was armed justifying a search of his pocket, (2) the police officers had no personal knowledge of the informant's reliability a...
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2007 WL 2713556
...mindful 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." Popple v. State,
626 So.2d 185, 186 (Fla.1993); see also §
901.151(2), Fla....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2015 Fla. App. LEXIS 13617, 2015 WL 5306180
...cond degree[.]”). While Appellant was being validly detained, he admitted to having a knife on his person. Officer Futrell requested Appellant exit the vehicle ánd informed him that the officers needed to remove the knife for safety concerns. See § 901.151(5), Fla....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 1999 WL 817835
...Based on the time of the day, the BOLO description and appellant's close proximity to the robbery within minutes of the BOLO report, Officer Hardman had the authority to temporarily detain appellant and question him about the robbery. Id.; see also Fla. Stat. § 901.151(2) (1997)....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2002 WL 31641416
...ased on articulable facts sufficient to detain the appellant long enough to determine whether he had any involvement in the robbery. See Terry v. Ohio,
392 U.S. 1,
88 S.Ct. 1868,
20 L.Ed.2d 889 (1968); Popple v. State,
626 So.2d 185, 186 (Fla.1993); §
901.151, Fla....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2014 Fla. App. LEXIS 18957, 2014 WL 6478646
...in any way. Id. Second though, where an officer has a “reasonable suspicion that a person has committed, is committing, or is about to commit a crime,” the officer may temporarily detain a citizen to confirm or refute his or her suspicions. See § 901.151(2)-(4), Fla....
...so, he or she may conduct a limited search of the individual “only to the extent necessary to disclose, and for the purpose of disclosing, the presence of [a] weapon” if the officer has a “reasonable belief the person detained is armed.” See § 901.151(5), Fla....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2012 WL 1592165, 2012 Fla. App. LEXIS 7185
...op. Robinson v. State,
885 So.2d 951, 958 (Fla. 1st DCA 2004). To justify a Terry 1 stop, a law enforcement officer must have a well-founded, articulable suspicion that the person detained has committed, is committing, or is about to commit a crime. §
901.151(2), Fla....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2008 WL 2220838
...search an individual for weapons. D.L.J. v. State,
932 So.2d 1133, 1135 (Fla. 2d DCA 2006). Instead, the officer must have a reasonable belief that the individual is armed and dangerous. Id.; Premo v. State,
610 So.2d 72 (Fla. 2d DCA 1992); see also §
901.151, Fla....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2009 Fla. App. LEXIS 6231, 2009 WL 1456728
...vity was afoot sufficient to justify making an investigatory stop. Next, considering Poviones' behavior as evaluated in the officer's experience, it was reasonable for Officer Carvajal to conduct a pat down of Poviones to see if he had a weapon. See § 901.151(5), Fla....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2014 WL 1909092, 2014 Fla. App. LEXIS 7121
...An investigatory detention requires reasonable suspicion that an individual has committed or is about to commit a crime; the officer must have “ ‘a well-founded, articulable suspicion of criminal activity.’ ” Smith,
95 So.3d at 968 (quoting §
901.151(2), Fla....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2007 Fla. App. LEXIS 9024, 2007 WL 1647676
...However, the trial court’s application of law to the facts is subject to de novo review. Connor v. State,
803 So.2d 598, 608 (Fla.2001). Mr. Leach argues on appeal that the trial court erred in denying his motion to suppress because Officer Junnier did not have probable cause to conduct a pat-down search under section
901.151(5), Florida Statutes (2005), 1 the Florida Stop and Frisk Law....
...lia. Unlike J.L., this was not a pat-down predicated on nothing more than an anonymous, uncorroborated tip. For these reasons, we affirm the trial court’s order denying Mr. Leach’s motion to suppress. AFFIRMED. GRIFFIN and LAWSON, JJ., concur. . Section 901.151(5), Florida Statutes (2005), states: Whenever any law enforcement officer authorized to detain temporarily any person under the provisions of subsection (2) has probable cause to believe that any person whom the officer has temporaril...
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2010 Fla. App. LEXIS 9560, 2010 WL 2595535
...The next level is an investigatory stop or detention pursuant to Terry v. Ohio,
392 U.S. 1,
88 S.Ct. 1868,
20 L.Ed.2d 889 (1968), during which an officer may reasonably detain a person only if he or she has a well-founded, articulable suspicion that the individual is engaged in criminal activity. See §
901.151, Fla....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 1999 WL 436810
...Rather, on appeal, the only mention of the pocketknife as a weapon is made by the defendant in a footnote, which provides, It is not illegal to carry a pocketknife. See L.B. v. State,
700 So.2d 370 (Fla. 1997); §
790.001(13), Fla. Stat. (1997). Further, in the trial court, the defendant merely cited the stop and frisk law, section
901.151(5), Florida Statutes....
...Therefore, even if it can be construed that the defendant raised this issue on appeal, the issue was not preserved by a specific argument to the trial court. However, assuming this issue was properly preserved and raised on appeal, a pocketknife can be considered a weapon for the purposes of Florida Statutes, section 901.151(5)....
...Section
790.001(13) seems to establish a definition of weapons primarily for these regulatory purposes. Indeed, the argument *592 might be made that if an item were not described in section
790.001(13) as a weapon, then it could not be a weapon for the purposes of section
901.151(5)....
...er for cocaine. He also testified that he had seen oval pocketknives. The trial court denied the motion to suppress based on T.P. v. State,
585 So.2d 1020 (Fla. 5th DCA 1991). [2] I agree with Judge Griffin's dissent in T.P. Judge Griffin notes that section
901.151(5) requires an officer to have probable cause to believe that a person temporarily detained is armed with a dangerous weapon and is therefore a threat to the safety of the officer....
...d the Fourth Amendment. NOTES [1] Firearms are expressly excluded from the definition of weapon contained in section
790.001(13). [2] I think the argument was sufficiently preserved by trial counsel's citation to the stop and frisk law, particularly §
901.151(5), and that the officer's pat down was solely for weapons....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2008 WL 2228864
...At the suppression hearing, Officer Hayes testified Appellant "was detained for a trespass investigation" during which the narcotics arrest occurred. To detain a citizen for an investigatory stop, an officer must have reasonable suspicion that the person has committed, is committing, or is about to commit a crime. See § 901.151, Fla....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2007 WL 2126275
...State,
524 So.2d 422, 424 (Fla. 1988). Appellant does not challenge the legality of the traffic stop itself. The officers had a reasonable suspicion that criminal activity was afoot; therefore, they were authorized to perform an investigatory stop. See §
901.151(2), Fla....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2010 Fla. App. LEXIS 10682
...In order to justify an investigatory stop, a police officer must have a reasonable, articulable suspicion that a person has committed, is committing, or is about to commit a crime. Keeling v. State,
929 So.2d 1169, 1171 (Fla. 2d DCA 2006); see also §
901.151, Fla....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2002 Fla. App. LEXIS 261
...was seized, as Officer Alvarez’s order for him to put up his hands was a directive that he 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. See §
901.151, Fla....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2009 Fla. App. LEXIS 1258, 2009 WL 383589
...Based on this testimony, the trial court concluded that no stop, detention, or arrest was justified and suppressed all evidence regarding Reyes' identity and the scooter's ownership. While we agree that the pat-down search exceeded the scope authorized by section 901.151 of the Florida Statutes and that the evidence seized during that search was properly suppressed, we cannot agree that no stop, detention or arrest was justified and that all of the evidence seized during Reyes' stop and detention must be suppressed....
...The fact that the investigatory stop conducted by Officer Cuellar (and *50 Reyes' subsequent temporary detention) was supported by an articulable suspicion that criminal activity was afoot, does not, however, validate the search conducted during that stop and detention. To the contrary, section 901.151 of the Florida Statutes limits the scope of searches conducted during such stops to searches for weapons: Whenever any law enforcement officer authorized to detain temporarily any person under the provisions of subsection (2) [authori...
...is about to detain temporarily, is armed with a dangerous weapon and therefore offers a threat to the safety of the officer or any other person, the officer may search such person so temporarily detained only to the extent necessary to disclose, and for the purpose of disclosing, the presence of such weapon . . . . § 901.151(5), Fla....
CopyCited 1 times | Published | Florida 1st District Court of Appeal
...of Agriculture & Consumer Services, supra . Raettig, then, should have been free to leave the jail after Deputy Tucker was advised he had no probable cause to obtain a warrant. The state, however, attempts to justify the deputy's further detainment of appellant by relying on Section 901.151, Florida's stop and frisk statute....
...the purpose of finding weapons. Cf. M.A.P. v. State,
403 So.2d 1384 (Fla. 2d DCA 1981). We conclude that there is no conceivable theory upon which the detention below was legally justified, consequently any resulting frisk, whose purpose pursuant to Section
901.151 is restricted to a limited search for weapons, was similarly invalid....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2007 WL 4561576
...olphin,
945 So.2d at 1180. The second level, an "investigatory stop," allows a police officer to "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.; §
901.151(2), Fla. Stat. (2006). The third level is an "arrest," which requires probable cause. §
901.151(4); Golphin,
945 So.2d at 1180....
...However, once Appellant (the presumed driver of the SUV) produced the I.D. card rather than a driver's license, a reasonable suspicion arose, justifying a temporary detention to ascertain whether Appellant had a valid driver's license and to run a computer check. See § 901.151(2), Fla....
...(2003), that "when Lanier produced only an identification card rather than a driver's license, reasonable suspicion arose for Shea to believe that Lanier was driving without a proper license." Lanier,
936 So.2d at 1161. Thus, Officer Shea was justified under section
901.151(2), Florida Statutes (2006), in detaining Mr....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2006 WL 3734273
...Taylor,
826 So.2d 399 (Fla. 3d DCA 2002); Donaldson v. State,
803 So.2d 856 (Fla. 4th DCA 2002). The officer, however, must be able to point to specific facts, which taken together with inferences from those facts, reasonably warrant this type of intrusion. §
901.151(2), Fla....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2001 WL 1589187
...Absent a knowing and voluntary consent, Deputy Borows had no right to conduct a pat down or to ask C.Q. to remove anything from his pockets. See Terry; State v. Webb,
398 So.2d 820 (Fla. 1981) (reasonable belief person armed with dangerous weapon required to frisk); Harris v. State,
574 So.2d 243 (Fla. 1st DCA 1991); §
901.151(5), Fla....
CopyCited 1 times | Published | Florida 5th District Court of Appeal
...arrest, rather than investigative detention).
Further, it is well-established that an officer may temporarily detain an individual
and investigate if the circumstances reasonably indicate that the detained individual has
committed, is committing, or is about to commit a crime. § 901.151(2), Fla....
...(2014);
16
see also Terry v. Ohio,
392 U.S. 1, 38 (1968). However, the detention “shall not extend
beyond the place where it was first effected or the immediate vicinity thereof.” §
901.151(3), Fla....
...st. But if not under arrest, what
was his status? Is there something between a Terry stop and an arrest? I think not. To
effectuate a Terry stop, the detention must be temporary, based on reasonable suspicion,
and at the location of the stop. See § 901.151(3), Fla....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2006 Fla. App. LEXIS 12842, 2006 WL 2135873
...force members’ testimony demonstrated nothing more than a hunch that criminal activity might be afoot. They were unable to articulate a valid basis for their suspicion that Rhoden had committed, was committing, or was about to commit a crime. See § 901.151, Fla....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2012 WL 3537226, 2012 Fla. App. LEXIS 13621
...1 ,
88 S.Ct. 1868 ,
20 L.Ed.2d 889 (1968)). Such a detention, commonly called a Terry stop, is a seizure of the person permissible under the Fourth Amendment only if the officer has “a well-founded, articulable suspicion of criminal activity.” Id.; see §
901.151(2), Fla....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2010 Fla. App. LEXIS 4523, 2010 WL 1378151
...eggs. Ivey v. Allstate Ins. Co.,
774 So.2d 679, 682 (Fla.2000). Before detaining someone during a DUI investigation, an investigator such as Trooper Brooker must have a reasonable suspicion the detaineehere, Mr. Skinnercommitted the offense. See §
901.151(2), Fla. Stat. (2007); State v. Taylor,
648 So.2d 701, 703 (Fla.1995). An arrest for DUI must be supported by probable cause. See §
901.151(4); Popple v....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2008 WL 1809317
...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....
...All of these factors are critical indicia of the fact that this was an investigatory, and non-consensual, stop. III. Since this was indeed an investigatory Terry stop, the officers were required to have well-founded articulable suspicion that G.M. had committed, was committing, or was about to commit a crime. See § 901.151, Fla....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2012 WL 1317950, 2012 Fla. App. LEXIS 6050
...of his presence’ when there are reasonable indications ‘that such person has committed, is committing, or is about to commit a violation of the criminal laws of this state.’ ” Sutton v. State,
698 So.2d 1321, 1323 (Fla. 2d DCA 1997) (quoting §
901.151(2), Fla....
...ere would have been no reason to go inside the vehicle to search her purse. We therefore reverse and remand the case to the trial court to vacate the disposition order and finding of guilt. Reversed and Remanded. GROSS and DAMOORGIAN, JJ., concur. . Section 901.151(5) speaks in terms of "probable cause,” however, courts have suggested that "probable cause” in this context is akin to "reasonable suspicion” or a "reasonable belief” that the person is armed....
CopyPublished | District Court of Appeal of Florida | 1995 Fla. App. LEXIS 9425, 1995 WL 527200
...After the chase began, the fact that the object in the defendant’s pocket appeared to be heavy was not, in and of itself, sufficient to create a founded suspicion that the defendant was committing the crime of carrying a concealed weapon. Thus, there was no founded suspicion to temporarily detain the defendant pursuant to section 901.151(2), Florida Statutes (1993), and to subsequently search for weapons pursuant to subsection (5) of that statute....
CopyPublished | District Court of Appeal of Florida | 1981 Fla. App. LEXIS 21203
...A frisk or pat-down incident to an investigatory stop may be conducted — but only where a law enforcement officer has a reasonable belief that the person detained is armed with a dangerous weapon and therefore offers a threat to the officer or another person. § 901.151(5), Fla.Stat....
CopyPublished | Florida 4th District Court of Appeal | 1993 Fla. App. LEXIS 9619, 1993 WL 382584
...Although the officers testified generally about the area in which appellant was parked being not only a “high crime area” but “as bad as it gets,” neither testified that they suspected appellant had a weapon until after he was ordered out of the ear. Neither subsection (2) nor subsection (5) of 901.151 Florida Statutes 1 (1991), was implicated un- *86 der this factual situation. We therefore reverse the order denying the motion to suppress, and remand for further proceedings, if any. POLEN and KLEIN, JJ., and DOWNEY, JAMES C., Senior Judge, concur. . Section 901.151, Florida Statutes (1991) provides in pertinent part: 901.151 Stop and Frisk Law.— [[Image here]] (2) Whenever any law enforcement officer of this state encounters any person under circumstances which reasonably indicate that such person has committed, is committing, or is about to commit a violation...
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 | District Court of Appeal of Florida | 1990 Fla. App. LEXIS 7191, 1990 WL 136854
...The fact that the officer was aware of appellant’s prior felony arrest record when the gun was seen in plain view created a founded suspicion so as to justify detention for the purpose of checking appellant’s criminal record to determine whether any arrests led to a conviction. Section 901.151, F.S....
CopyPublished | District Court of Appeal of Florida | 1978 Fla. App. LEXIS 16343
...Prior to the patdown the deputy had not had any indication that they might be carrying weapons, had seen no bulges, nor did the individuals make any statements to the effect that they might be carrying weapons. Under our “stop and frisk” law, Florida Statute 901.151(2) (1977), it is provided that Whenever any law enforcement officer of this state encounters any person under circumstances which reasonably indicate that such person has committed, is committing, or is about to commit a violation of the crim...
CopyPublished | District Court of Appeal of Florida | 10 Fla. L. Weekly 2112, 1985 Fla. App. LEXIS 15791
...The defendant agrees that if the initial stop was valid, the officer was justified in looking under the seat of the pickup truck after defendant told him that the gun was there. He vigorously contends, however, that the stop was invalid, and so we look to the validity of that stop. Section 901.151, Florida Statutes (1983), says in pertinent part: (1) This section may be known and cited as the “Florida Stop and Frisk Law.” (2) Whenever any law enforcement officer of this state encounters any person under circumstances which...
...and articulable facts, which, taken together with rational inferences from these facts, reasonably justify a stop. State v. Webb,
398 So.2d 820 (Fla.1981). As this court indicated in State v. Hunt,
391 So.2d 760 (Fla. 5th DCA 1980): *287 Pursuant to section
901.151, Florida Statutes (1979), and Terry v....
...4th DCA 1978). Id. at 761. The trial court, in granting defendant’s motion, said that there was no showing that the officer had any founded suspicion that defendant had committed or was committing a felony, but the statute is not that restrictive. Section 901.151 refers to “a violation of the criminal laws of this state ...” and that would include misdemeanors as well as felonies....
CopyPublished | Florida 4th District Court of Appeal | 2008 Fla. App. LEXIS 13850, 2008 WL 4146800
...small, unidentified object in other, defendant quickly put small, round object in his pocket, and officer ordered defendant to remove hand from his pocket and turn around). An investigatory stop must be supported by a “reasonable suspicion.” See § 901.151(2), Fla....
CopyPublished | Florida 5th District Court of Appeal | 2006 Fla. App. LEXIS 16606
...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 *195 officer has a reasonable suspicion that a person has committed, is committing, or is about to commit a crime. §
901.151, Fla....
CopyPublished | District Court of Appeal of Florida | 1974 Fla. App. LEXIS 8451
...ground that there was no probable cause for search and seizure. Careful review of all the testimony before the trial judge shows there was sufficient evidence of probable cause to justify the denial of defendant’s motion to suppress. Cf. Fla.Stat. § 901.151, 23 F.S.A....
CopyPublished | Florida 5th District Court of Appeal
...Const.).
To justify an investigatory stop, a law enforcement officer
must develop reasonable suspicion to believe that a person has
committed, is committing, or is about to commit a crime. State v.
12
Allen,
994 So. 2d 1192, 1193 (Fla. 5th DCA 2008); §
901.151(2), Fla.
Stat....
CopyPublished | District Court of Appeal of Florida | 14 Fla. L. Weekly 2507, 1989 Fla. App. LEXIS 5989, 1989 WL 125984
...I PLACED THE B/M AT THE REAR OF MY VEH. IN ORDER TO SEARCH FOR WEAPONS AND DISPEL MY FEAR OF A WEAPON IN HIS SHORTS. The question presented in this case is whether or not Hamilton’s initial detention was permissible under the Florida Stop and Frisk Law, section 901.151, Florida Statutes (1987) which provides in relevant part: (2) Whenever any law enforcement officer of this state encounters any person under circumstances which reasonably indicate that such person has committed, is committing, or is...
CopyPublished | Florida 1st District Court of Appeal | 9 Fla. L. Weekly 2245, 1984 Fla. App. LEXIS 15616
...State,
428 So.2d 322 (Fla. 1st DCA 1983). In a petition for writ of habeas corpus filed in this court, he claims that his appellate *1150 counsel was ineffective because of the failure to assert on appeal that the firearm should have been suppressed pursuant to Section
901.151(6), Florida Statutes (1981)....
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 | 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
CopyPublished | District Court of Appeal of Florida | 1993 Fla. App. LEXIS 10633, 1993 WL 416032
...4th DCA 1993); State v. Isaacs,
578 So.2d 523, 524 (Fla. 4th DCA 1991). On the other hand, police officers may temporarily detain a person when they have a “founded suspicion” that the person has committed, is committing or is about to commit a crime. §
901.151, Fla.Stat....
CopyPublished | Court of Appeals for the Eleventh Circuit
Argued: Jun 9, 2022
..., to provide iden-
tification, absent a reasonable suspicion that the passenger had
committed, was committing, or was about to commit a criminal
offense.” The Court supported that statement by citing Florida
Statute § 901.151(2) 11 and three U.S. Supreme Court decisions. In
a parenthetical citation to this statute, the District Court said an
11 Section 901.151(2), Florida’s “Stop and Frisk Law,” states in relevant part:
Whenever any law enforcement officer of this state encoun-
ters any person under circumstances which reasonably indi-...
...and the circumstances surrounding the person's presence
abroad which led the officer to believe that the person had
committed, was committing, or was about to commit a crimi-
nal offense.
Fla. Stat. § 901.151(2).
USCA11 Case: 21-10670 Document: 42-1 Date Filed: 10/02/2023 Page: 10 of 55
10 Opinion of the Court 21-10670
“officer may detain [a] perso...
...when [the] officer reasonably believes [the] person has committed,
is committing, or is about to commit a crime.” The main Supreme
Court decisions the District Court cited were Hiibel 12 and Brown v.
Texas. 13
Referring to § 901.151(2), the District Court acknowledged
that the “Florida courts had not specifically held that law enforce-
ment officers may require [a] passenger[] to provide identification
during traffic stops absent a reasonab...
...refuse Dunn’s command that he identify himself, Dunn had at least
arguable probable cause to arrest him under §
843.02 for refusing
to do so. Another inference reasonably drawn from the District
Court’s discussion about §
901.151(2) is that, if Johnson did not
have the right to refuse Dunn’s command, the statute’s language—
“had committed, was committing, or was about to commit a crim-
inal offense”—would be inoperative here....
CopyPublished | Florida 1st District Court of Appeal | 2012 WL 4490869, 2012 Fla. App. LEXIS 16492
...outstanding warrants before breaking contact with a person who had been stopped, especially once it was discovered that the person was a suspect in other burglaries. The trial court granted Hannah’s motion to suppress, explaining that pursuant to section 901.151, Florida Statutes, and this court’s decision in Kollmer v....
...is not in question. Rather, the question presented in this case is whether the police officers exceeded the lawful scope of the investigatory stop by moving Hannah from the place where he was initially detained to the crime scene, half a block away. Section 901.151(3), Florida Statutes, commonly known as the “Stop and Frisk Law,” codifies the principles set forth in Terry, State v....
...t provide a definition for the term “immediate vicinity,” the inclusion of the term in the statute demonstrates the Legislature’s recognition that some movement of the detainee from the *229 place where he is initially detained is permissible. § 901.151(B), Fla....
...dog tracked this individual through the woods and located the man lying on his back in a yard. Id. at 713-14 . That person was transported to the scene of the crime in a police car, wearing handcuffs, for the victim to identify. Id. at 714 . Citing section 901.151(3), Florida Statutes, as well as federal cases involving movement of a detainee from the place of the initial detention to a police station, the Kollmer court concluded that the officers exceeded the scope of a lawful investigatory st...
CopyPublished | District Court of Appeal of Florida | 1991 Fla. App. LEXIS 10344, 1991 WL 209286
...iolence, and reserved the right to appeal. The trial court entered an order withholding adjudication and placing the defendant on probation. We reverse the order because the arresting officer did not have a founded suspicion to justify a Terry stop. § 901.151, Fla.Stat....
CopyPublished | Florida 3rd District Court of Appeal | 14 Fla. L. Weekly 2451, 1989 Fla. App. LEXIS 5804, 1989 WL 120865
...3d DCA), review denied,
453 So.2d 44 (Fla.1984); Mock v. State,
385 So.2d 665, 667 (Fla. 2d DCA), review denied,
392 So.2d 1377 (Fla.1980); State v. Lopez,
369 So.2d 623, 624 (Fla. 2d DCA 1979), cert. denied,
383 So.2d 1198 (Fla.1980); State v. Stevens,
354 So.2d 1244, 1247 (Fla. 4th DCA 1978); §
901.151(2), Fla.Stat....
CopyPublished | District Court of Appeal of Florida | 1990 Fla. App. LEXIS 7903, 1990 WL 154797
...erving his right to appeal the trial court ruling on this suppression issue. A police officer may temporarily detain a person under circumstances which reasonably indicate that such person has committed, is committing, or is about to commit a crime. § 901.151, Pla.Stat....
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
CopyPublished | Florida 5th District Court of Appeal | 2011 Fla. App. LEXIS 16182, 2011 WL 5108460
...ause 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.”) (citation omitted); also cf. § 901.151(5), Fla....
CopyPublished | Florida 5th District Court of Appeal | 2006 Fla. App. LEXIS 17011, 2006 WL 2918751
...The trial court properly concluded that the initial encounter between Deputy Bogan and Nicol constituted a valid investigatory stop because Deputy Bogan had a reasonable suspicion that Nicol had committed, was committing, or was about to commit a crime. See Popple v. State,
626 So.2d 185 (Fla.1993); §
901.151, Fla....
CopyPublished | District Court of Appeal of Florida | 1995 Fla. App. LEXIS 11745, 1995 WL 656456
...ully detained. Abandonment which is the product of illegal detention is involuntary, and abandoned property must be suppressed. State v. Anderson, 559 [591] So.2d 611 (Fla.1992) (R. 64 — 65). The State timely appealed this suppression. We reverse. Section 901.151, Florida Statutes (1993), the Florida Stop and Frisk Law, provides in pertinent part: *1355 (2) Whenever any law enforcement officer of this state encounters any person under circumstances which reasonably indicate that such person ha...
...(3) No person shall be temporarily detained under the provisions of subsection (2) longer than is reasonably necessary to effect the purposes of that subsection. Such temporary detention shall not extend beyond the place where it was first effected or the immediate vicinity thereof, (emphasis added). Pursuant to section
901.151, law enforcement officials may detain suspects for a reasonable time to investigate the circumstances warranting an investigatory stop as well as any suspicious circumstances produced by the stop. State v. Merklein,
388 So.2d 218 (Fla. 2d DCA 1980), rev. denied,
392 So.2d 1377 (Fla.1981). In our case, the trial court erred when, having determined that the initial stop was legal under section
901.151, it then held that Fleming’s continued detention was unlawful after he had produced his identification and the pat-down revealed neither the weapon nor the cash from the robbery. The “purpose” of the stop, as that term is used in section
901.151, was not merely to determine Fleming’s name but also to determine if he was in fact the person who committed the robbery a short time earlier....
...time between the robbery and the stop) mean that Fleming was not the robber. The dispositive question, then, is whether the rather short delay between the stop and the time that the witnesses identified Fleming exceeded the limitations set forth in section 901.151....
CopyPublished | Florida 4th District Court of Appeal
...3
The defendant’s consent, however, is irrelevant to whether the
temporary investigative detention is supported by a reasonable suspicion
of criminal activity under Terry v. Ohio,
392 U.S. 1 (1968), and Florida’s
Stop and Frisk Law, section
901.151, Florida Statutes (2022)....
CopyPublished | District Court of Appeal of Florida | 14 Fla. L. Weekly 2594, 1989 Fla. App. LEXIS 6368
...h and McMillan Streets. The trial court denied appellant’s motion to suppress without comment. Appellant was then adjudicated delinquent and sentenced to community control. A police officer may temporarily stop and detain an individual pursuant to section 901.151, Florida Statutes, only where he has a founded suspicion of criminal activity....
...State,
537 So.2d 1080 (Fla. 1st DCA 1989). Neither the initial detention nor the subsequent pat-down search of the appellant in the instant case were valid. First, an anonymous tip may provide the basis for a founded suspicion and, therefore, support a detention under section
901.151....
CopyPublished | Florida 4th District Court of Appeal | 2014 Fla. App. LEXIS 19363, 2014 WL 6674777
...Under Florida’s “Stop and Frisk Law,” a law
enforcement officer may perform an investigative stop “under
circumstances which reasonably indicate that such person has
committed, is committing, or is about to commit a [criminal] violation.”
§ 901.151(2), Fla....
CopyPublished | District Court of Appeal of Florida | 1994 Fla. App. LEXIS 11506, 1994 WL 652848
...right to appeal the denial of her motion to suppress the cocaine. Appellant argues on appeal that (1) the trial court erred in denying appellant’s motion to suppress and, (2) the seizure of cocaine was beyond the scope of a valid frisk pursuant to section 901.151, Florida Statutes....
...Officer Van Nelson had no probable cause to believe that appellant was guilty of disorderly intoxication. The search of appellant therefore cannot be justified as a search incident to a valid arrest. The search of appellant cannot be justified as a search pursuant to an investigatory stop and protective frisk for weapons. Section
901.151, Florida Statutes, authorizes the temporary stop and detention of an individual based upon a founded suspicion of criminal activity. M.A.H. v. State,
559 So.2d 407 (Fla. 1st DCA 1990). Section
901.151 further authorizes a pat-down search to the extent necessary to disclose a weapon, if the officer has probable cause to believe that an individual is armed. L.D.P. v. State,
551 So.2d 1257 (Fla. 1st DCA 1989). In the present case, Officer Van Nelson was not justified in stopping appellant pursuant to section
901.151....
CopyPublished | District Court of Appeal of Florida | 1997 Fla. App. LEXIS 13136
...The challenged search followed a brief investigatory detention, which in turn followed a legitimate traffic stop while the juvenile defendant, B.T., was riding a bicycle after 11:00 p.m. B.T. argues that the stop, under the circumstances of this case, did not justify a pat-down under section 901.151, Florida Statutes. Section 901.151, also known as the “Florida Stop and Frisk Law,” states, in pertinent part: (5) Whenever any law enforcement officer authorized to detain temporarily any person ......
...may search such person so temporarily detained only to the extent necessary to disclose, and for the purpose of disclosing, the presence of such weapon. If such a search discloses such a weapon or any evidence of a criminal offense it may be seized. § 901.151(5), Fla....
CopyPublished | Florida 3rd District Court of Appeal | 1991 Fla. App. LEXIS 11396, 1991 WL 240122
...Defendant Louis was standing with two other men. Two police officers approached the group. For present purposes we assume that the officers had a reasonable suspicion to conduct an investigative stop of one of the defendant’s companions, who was a suspect in a robbery investigation. See § 901.151, Fla.Stat....
CopyPublished | Florida 5th District Court of Appeal | 2008 Fla. App. LEXIS 17280, 2008 WL 4889137
...I, § 12, Fla. Const. In order to justify an investigatory stop that conforms to the Fourth Amendment, a law enforcement officer must have a reasonable suspicion that the person detained has committed, is committing, or is about to commit a crime. See § 901.151(2), Fla....
CopyPublished | Florida 2nd District Court of Appeal
...1st DCA 2010).
A law enforcement "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." Teamer,
151 So. 3d at 425 (quoting Popple v. State,
626 So.
2d 185, 186 (Fla. 1993)); see also §
901.151(2), Fla....
CopyPublished | Florida 3rd District Court of Appeal
...Constitution and Florida law, an
officer may conduct an investigatory stop or temporary stop when there is a
reasonable, articulable suspicion that an individual has committed, is committing,
or is about to commit a crime. Mackey v. State,
124 So. 3d 176, 183 (Fla. 2013);
see also §
901.151(2), Fla....
...of the suspect if the officer has a reasonable belief that the suspect ‘is armed with a
dangerous weapon and therefore offers a threat to the safety of the officer or any
other person. . . .’” D.H. v. State,
121 So. 3d 76, 80 (Fla. 3d DCA 2013) (quoting §
901.151(5))....
...temporarily detained only to the extent necessary to disclose, and for
the purpose of disclosing, the presence of such weapon. If such a
search discloses such a weapon or any evidence of a criminal offense
it may be seized.
§ 901.151(5).
In the context of a stop and frisk, the term “probable cause” “has been
construed to mean ‘articulable suspicion,’ ‘reasonable belief,’ or ‘founded
suspicion.’” Cole v....
...Maxwell’s jacket, where Officer Clair’s training and observations of Mr.
Maxwell’s unusual hand movements had focused the officer’s attention. The
search, in short, was “only to the extent necessary to disclose, and for the purpose
of disclosing” the presence of a dangerous weapon, as authorized by section
901.151(5).
The sole question, then, is whether the trial court followed applicable law in
evaluating whether Officer Clair had probable cause to believe that Mr....
CopyPublished | Florida 1st District Court of Appeal | 1995 Fla. App. LEXIS 4991, 1995 WL 264015
...Appellant claims reversible error in the trial court’s denial of his motion to suppress (Issue II) and his motion for judgment of acquittal (Issue III). From our review of the proceedings below, we conclude that the points raised in Issues II & III are without merit and warrant no further discussion. § 901.151, Fla.Stat....
CopyPublished | District Court of Appeal of Florida | 1997 Fla. App. LEXIS 4912
...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.Stat....
CopyPublished | District Court of Appeal of Florida | 1991 Fla. App. LEXIS 4832, 1991 WL 87965
...ody under Chapter 39, Florida Statutes, is thus intended to be akin to arrest of an adult. 3 Even if the encounter between Officer Farrell and appellee rose to the level of a temporary detention, such detentions are not equivalent to arrest. Compare § 901.151(2), Fla.Stat. (1989) with § 901.151(4), Fla.Stat....
CopyPublished | District Court of Appeal of Florida | 1993 Fla. App. LEXIS 5873, 1993 WL 179470
...We find the officer lacked a founded suspicion for continued detention of the occupants once the car was removed from the off-limits area and the driver’s license was checked. The order for the car’s occupants to exit the car was a stop without a reasonable suspicion that a crime was being committed. See § 901.151, Fla.Stat....
CopyPublished | Florida 3rd District Court of Appeal | 16 Fla. L. Weekly Fed. D 1442
...Defendants moved to suppress the evidence seized, arguing that there had been an illegal seizure of the person of defendants. The trial court granted the motion and the State has appealed. We conclude that the officer had a founded suspicion to make an investigatory stop pursuant to section 901.151, Florida Statutes (1989)....
...Based on the officer's observation, training, and experience, it appeared that defendant Ehler was inhaling cocaine. That observation provided the officer with a founded suspicion under the Stop and Frisk Law, which allowed the officer to effect a temporary detention for investigation. Id. § 901.151(2)-(3); see Kehoe v....
...Thereafter, the officer's further observations provided probable cause for the arrest of defendants. See State v. Hall,
376 So.2d 276, 278-79 (Fla. 3d DCA 1979), cert. denied,
386 So.2d 637 (Fla. 1980); State v. Roker,
290 So.2d 525, 526 (Fla. 3d DCA 1974); see also §
901.151(4), Fla....
CopyPublished | Florida 3rd District Court of Appeal | 1991 WL 87233
...on to suppress. We affirm. Two police officers observed defendant in an area known for narcotics transactions. The officers intended to question defendant but had no founded suspicion for an investigative stop under Florida's Stop and Frisk Law. See § 901.151, Fla....
CopyPublished | District Court of Appeal of Florida | 1991 Fla. App. LEXIS 4766, 1991 WL 85541
...ablished. Sanders v. State,
385 So.2d 735, 737 (Fla. 2d DCA 1981). A frisk or pat-down incident to an investigatory stop may be conducted only where the officer has probable cause to believe that the person detained is armed with a dangerous weapon. §
901.151, Fla.Stat....
...When confronted with a juvenile who had a brown suede satchel attached to his belt, the officer asked the youngster what was in it, and he voluntarily turned over its contents — marijuana cigarettes. We held that the officer’s inquisitiveness exceeded the extent of inquiry or search permitted by section 901.151, Florida Statutes (1981), the Stop and Frisk Law....
CopyPublished | Florida 4th District Court of Appeal | 2003 Fla. App. LEXIS 7497, 2003 WL 21180144
...He testified at the suppression hearing that he had seen hundreds of crack pipes and that he recognized this as such as soon as he observed the defendant. We agree with the state that, applying the law to these facts, the officer had reasonable suspicion that defendant was committing a crime. § 901.151, Fla....
CopyPublished | Florida 1st District Court of Appeal | 1980 Fla. App. LEXIS 16204
basis for a reasonable suspicion pursuant to Section
901.151 Florida Statutes (1977). The evidence adduced
CopyPublished | Florida 2nd District Court of Appeal | 2007 Fla. App. LEXIS 7574
...Of course, probable cause is not the standard by which to judge the legality of an investigatory stop. The standard is whether "the officer has a reasonable suspicion that a person has committed, is committing, or is about to commit a crime.” Popple v. State,
626 So.2d 185, 186 (Fla.1993) (citing §
901.151, Fla....
CopyPublished | Florida 2nd District Court of Appeal | 2007 WL 1452276
...Of course, probable cause is not the standard by which to judge the legality of an investigatory stop. The standard is whether "the officer has a reasonable suspicion that a person has committed, is committing, or is about to commit a crime." Popple v. State,
626 So.2d 185, 186 (Fla.1993) (citing §
901.151, Fla....
CopyPublished | Florida 2nd District Court of Appeal | 2001 Fla. App. LEXIS 6998, 2001 WL 523555
...kets between McCloud’s buttocks. The police took him to a private area, conducted a strip search and recovered the drugs. The officer was correct in his assertion that the police had a founded suspicion sufficient to detain the two men pursuant to section 901.151, Florida Statutes (1997). But this suspicion, in itself, did not authorize the pat down search. The statute permits a search only if the officer believes the detainee may be armed with a dangerous weapon. § 901.151(5), Fla....
...The officer who testified at the suppression hearing did not say he believed McCloud might have been armed. He stated the search was conducted “to identify articles” on the men, but never said he suspected one of the “articles” might be a weapon. The search cannot be validated under section 901.151....
CopyPublished | District Court of Appeal of Florida | 1991 Fla. App. LEXIS 4573, 16 Fla. L. Weekly Fed. D 1336
...f his plea. *855 We agree that the officers had the authority to stop and detain the appellant after seeing him with the can of malt liquor which led them to believe that he was violating a city ordinance concerning open liquor containers in public. § 901.151, Fla....
...The officers did not, however, have the right to search the appellant after they stopped him. A search incident to an investigatory stop may only be conducted if an officer has probable cause to believe the person stopped is armed with a dangerous weapon. § 901.151; Thomas v....
CopyPublished | District Court of Appeal of Florida | 1991 Fla. App. LEXIS 4558
...Under the facts of this case the deputies’ observation of appellant walking down the street at 8:45 in the morning with one or two other males in an alleged problem area did not give rise to a founded suspicion that they had committed, were committing or were about to commit a criminal offense. §
901.151(2), Fla.Stat. (1989). See Curry v. State,
570 So.2d 1071 (Fla. 5th DCA 1990); Jones v. State,
570 So.2d 433 (Fla. 5th DCA 1990); J.D. v. State,
568 So.2d 99 (Fla. 3d DCA 1990). Section
901.151(5), Florida Statutes (1989) authorizes a police officer to conduct a weapons search if there is probable cause to believe that the person he has temporarily detained is armed....
CopyPublished | District Court of Appeal of Florida | 1982 Fla. App. LEXIS 19997
...We hold that, prior to the detention and identification check of appellee, the officer had a well-founded suspicion of criminal activity. Furthermore, it was apparent to the officer that appellee was a participant in that activity. Thus, DiBello had grounds under section 901.151(2), Florida Statutes (1979), Florida’s “stop and frisk” law, to detain appellee and require identification from him....
CopyPublished | District Court of Appeal of Florida | 1993 Fla. App. LEXIS 5363, 1993 WL 152371
...the back side of the driver’s seat. Under the seat cover behind the passenger seat, Rabón found a cap and a brown paper bag containing $654. After hearing this testimony, the trial court denied appellants’ motions to suppress physical evidence. Section 901.151, Fla.Stat., Florida’s Stop and Frisk Law, provides, in pertinent part, as follows: (2) Whenever any law enforcement officer of the state encounters any person under circumstances which reasonably indicate that such person has commit...
CopyPublished | District Court of Appeal of Florida | 1983 Fla. App. LEXIS 19236
GLICKSTEIN, Judge. This is an appeal by the state from an order granting appellee’s motion to suppress. We reverse and remand. The only issue is the legality of a vehicular stop under the Florida Stop and Frisk Law, section 901.151, Florida Statutes (1981)....
CopyPublished | District Court of Appeal of Florida | 1995 Fla. App. LEXIS 2259, 1995 WL 92713
...d not have a well-founded suspicion of criminal activity. He argues and the state agrees an officer may temporarily detain a citizen if there is a well-founded suspicion that the person has committed, is committing or is about to commit a crime. See § 901.151, Fla.Stat....
CopyPublished | District Court of Appeal of Florida | 10 Fla. L. Weekly 606, 1985 Fla. App. LEXIS 12629
...usively to that issue. Both miss the mark. Even if the stop was valid, the ensuing search was not. For guidance in stop and frisk situations, we look to Terry v. Ohio,
392 U.S. 1 ,
88 S.Ct. 1868 ,
20 L.Ed.2d 889 (1968), and *670 our Florida Statute, section
901.151, Florida Statutes (1983)....
...As pointed out by this court in State v. Hetland,
366 So.2d 831 (Fla. 2d DCA 1979), affirmed,
387 So.2d 963 (1980), a stop does not necessarily justify a frisk. Following a Terry stop, a frisk is permissible if the officer has reason to believe that the person is armed and dangerous. Section
901.151 provides in part: (5) Whenever any law enforcement officer authorized to detain temporarily any person under the provisions of subsection (2) has probable cause to believe that any person whom he has temporarily detained, or is about...
CopyPublished | District Court of Appeal of Florida | 1983 Fla. App. LEXIS 18964
...ffense. We need not and do not decide whether Truesdale’s initial approach, pat-down, and records check on the boys constituted a valid Terry 1 stop. Assuming arguendo that it did, Truesdale went beyond the scope of the Florida Stop and Frisk Law, Section 901.151, Florida Statutes (1981)....
...That section authorizes a law enforcement officer to detain a 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), and, if the officer “has probable cause to believe that any person whom he has temporarily detained ... is armed with a dangerous weapon and therefore offers a threat to the safety of the officer,” to “search such person ... only to the extent necessary to disclose, and for the purpose of disclosing, the presence of such weapon.” §
901.151(5) (emphasis supplied). In the first place, we believe, based on Truesdale’s testimony and the surrounding circumstances, that Truesdale did not have the probable cause required under section
901.151(5), In the Interest of G.T.,
387 So.2d 485 (Fla....
CopyPublished | Florida 3rd District Court of Appeal | 2010 Fla. App. LEXIS 2532, 2010 WL 711735
...1868,
20 L.Ed.2d 889 (1968); Baptiste v. State,
995 So.2d 285, 290 (Fla.2008) ("[T]he existence of a reasonable suspicion is based upon specific and articulable facts, and the rational inferences that may be drawn from those facts."); State v. Arango,
9 So.3d 1251 (Fla. 3d DCA 2009); §
901.151(2), Fla....
...to have failed to investigate[ ][his] behavior." Terry,
392 U.S. at 23,
88 S.Ct. 1868. See Terry [1] ; U.S. v. Canela, 144 Fed.Appx. 17 (11th Cir.2005) [2] , and Brown v. State,
719 So.2d 1243 (Fla. 5th DCA 1998) [3] . Applying these principles, the stop was justified, Terry ; §
901.151(2), and the order under review cannot stand....
CopyPublished | District Court of Appeal of Florida | 1983 Fla. App. LEXIS 18980
...t, in and of itself, constitute founded or reasonable suspicion. 1 In the present case, it cannot be said that the defendant’s activities were otherwise innocent. Consequently, we hold that the facts of the present case satisfy the requirements of Section 901.151, Florida Statutes (1981) and Terry v....
CopyPublished | District Court of Appeal of Florida | 1980 Fla. App. LEXIS 15823
...Subsequent to judgment and sentencing, appellant brought this appeal seeking review of those two rulings. We find that there was testimony that established sufficient facts to justify a stop pursuant to Terry v. Ohio,
392 U.S. 1 ,
88 S.Ct. 1868 ,
20 L.Ed.2d 889 (1968) and Section
901.151, Florida Statutes; and to justify the subsequent warrantless search of the vehicle....
CopyPublished | Florida 4th District Court of Appeal | 2015 Fla. App. LEXIS 4266, 2015 WL 1334085
...officer has a reasonable suspicion that a person has committed, is
committing, or is about to commit a crime.” Popple v. State,
626 So. 2d
185, 186 (Fla. 1993) (citing Terry v. Ohio,
392 U.S. 1 (1968)). The standard
of reasonable suspicion to support a stop is also codified in section
901.151, Florida Statutes (2013), Florida’s Stop and Frisk law....
...and the circumstances surrounding the person’s presence
2
abroad which led the officer to believe that the person had
committed, was committing, or about to commit a criminal
offense.
§ 901.151(2), Fla. Stat. (2013).
Appellant argues that the trial court should have granted his motion to
suppress, because the officer did not have a founded suspicion that he
had committed, was committing or about to commit a crime, as required
by Popple and section 901.151, Florida Statutes (2013)....
CopyPublished | District Court of Appeal of Florida | 1994 Fla. App. LEXIS 3073, 1994 WL 98830
...e light most favorable to the defendants. State v. Kibbee,
513 So.2d 256 (Fla. 2d DCA 1987). In this ease, however, we find that the trial court erred in granting the appel-lees’ motions to suppress. In order to justify a temporary detention under section
901.151, the detaining officer must have a founded suspicion of criminal activity....
CopyPublished | Florida 3rd District Court of Appeal | 1993 Fla. App. LEXIS 2482, 1993 WL 63482
...Such prior activity at the abandoned house did not give rise to probable cause to arrest defendant for possession of drugs and conduct a custodial search incident thereto. The State argues that the officers had a founded suspicion sufficient to support an investigative stop and pat-down for weapons. See § 901.151, Fla.Stat....
...of those on the premises to ascertain whether the defendant and the other persons had any right to be there. However, an investigative stop may justify at most a pat-down for weapons if the officers reasonably suspect the defendant is armed. See id. § 901.151(5); Hamilton v....
CopyPublished | Florida 4th District Court of Appeal | 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
CopyPublished | District Court of Appeal of Florida | 1979 Fla. App. LEXIS 14285
...suspicious activity observed by the officers. In State v. Hetland,
366 So.2d 831 (Fla.2d DCA, 1979), this court held that a stop based solely on information from informants may be valid in Florida notwithstanding that the Florida Stop and Frisk Law, Section
901.151, Florida Statutes (1977), indicates that the circumstances giving rise to a stop must be personally observed by the officer....
CopyPublished | Florida 4th District Court of Appeal | 2001 Fla. App. LEXIS 3219
...An investigatory stop must be based on reasonable suspicion. Terry v. Ohio,
392 U.S. 1 ,
88 S.Ct. 1868 ,
20 L.Ed.2d 889 (1968); Popple v. State,
626 So.2d 185 (Fla.1993); Reynolds v. State,
592 So.2d 1082 (Fla.1992). Under Florida’s “Stop and Frisk Law,” section
901.151, Florida Statutes (1997), law enforcement officers may temporarily detain a person only “under circumstances which reasonably indicate that such person has committed, is committing, or is about to commit a violation of the criminal...
CopyPublished | District Court of Appeal of Florida | 1997 Fla. App. LEXIS 2407
an inquiry in the nature of a Terry2 stop. See §
901.151(2), (5), Fla. Stat. (1993). See also T.J., 538
CopyPublished | District Court of Appeal of Florida | 1991 Fla. App. LEXIS 2215, 1991 WL 35025
...The appellee filed a motion to suppress the evidence seized from her vehicle on the grounds that the information relied upon by the officers to initiate the stop was uncorroborated information from a source of unknown reliability and, therefore, insufficient to justify a stop pursuant to section 901.151, Florida Statutes (1987)....
...t erred in granting the appellee’s motion to suppress. In order to make a valid investigatory stop, an officer must have a well founded or reasonable suspicion that the person has committed, is committing, or is about to commit a criminal offense. § 901.151....
CopyPublished | Florida 5th District Court of Appeal | 1979 Fla. App. LEXIS 14664
justify the search of his person pursuant to Section
901.151(5), Florida Statutes (1977), and Terry v. Ohio
CopyPublished | District Court of Appeal of Florida | 1994 Fla. App. LEXIS 1979, 1994 WL 72146
...e driver’s consent to search the vehicle. The search revealed a cigarette pack containing marijuana and crack cocaine beneath the ap-pellee’s seat. The status of the vehicle’s tag is irrelevant to our determination of the validity of the stop. Section 901.151, Florida Statutes (1991), authorizes a temporary detention when circumstances indicate that a person is violating criminal law....
CopyPublished | Florida 1st District Court of Appeal | 1991 Fla. App. LEXIS 1746, 1991 WL 25355
...viewable on this appeal. The court erred, in denying the motion, however, as the circumstances shown by the evidence are legally insufficient to support the state’s contention that the officer had a well-founded suspicion to detain appellant under section 901.151, Florida Statutes (1989)....
CopyPublished | Florida 1st District Court of Appeal
...more than a “hunch” about possible criminal activity)). To avoid a
Fourth Amendment violation, “an investigatory stop requires a
well-founded, articulable suspicion of criminal activity. Mere
suspicion is not enough to support a stop.” Popple,
626 So. 2d at
186; see also §
901.151 Fla....
CopyPublished | Florida 2nd District Court of Appeal | 1990 Fla. App. LEXIS 4138, 1990 WL 77404
...searched him. The articulated “suspicion” that Watson may have' stolen the radio he had been seen carrying amounts to nothing more than speculation on this record. As the detention and search was not made in conformance with the requirements of section 901.151, Florida Statutes (1989), e.g., Mosley v....
CopyPublished | Florida 3rd District Court of Appeal | 1990 Fla. App. LEXIS 4054
...See §
893.13, Fla.Stat. (1987). A.G. moved to suppress the cocaine, arguing that it was the product of an illegal stop, or attempted stop, by the police. The State conceded that the officers did not have a founded suspicion to support a stop under section
901.151, Florida Statutes (1987), but argued that there had been a voluntary abandonment of the bag by A.G....
CopyPublished | Florida 4th District Court of Appeal | 2000 Fla. App. LEXIS 8034, 2000 WL 827009
...1 ,
88 S.Ct. 1868 ,
20 L.Ed.2d 889 (1968). The test is whether a reasonably prudent officer, under the circumstances which exist at the time of the stop, would be warranted in the belief that his safety, or the safety of others, was in danger. See id.; §
901.151(5), Fla....
CopyPublished | District Court of Appeal of Florida | 1996 Fla. App. LEXIS 6823, 1996 WL 354388
...A pat-down search incident to an investigatory stop may be conducted only if a law enforcement officer has a reasonable be *1356 lief that the person detained is armed with a dangerous weapon and, therefore, poses a threat to the officer or another person. § 901.151(5), Fla....
CopyPublished | District Court of Appeal of Florida | 1982 Fla. App. LEXIS 20410
...functions except under the immediate supervision of the law enforcement officer with whom he is working. Appellant’s contention that the statutory authority accorded to a “law enforcement officer” to conduct a “stop and frisk” pursuant to Section
901.151, Florida Statutes (1979), extends only to a “law enforcement officer” as defined in Section
943.10(1), Florida Statutes, is without merit....
...Section
943.10(5), Florida Statutes, supra. The power to “stop and frisk” is undoubtedly a law enforcement function, and the power to arrest includes the lesser intrusive power to “stop and frisk.” Accordingly, we conclude that the term “law enforcement officer,” as used in Section
901.151, includes an auxiliary officer....
CopyPublished | Florida 1st District Court of Appeal | 2005 Fla. App. LEXIS 9736, 2005 WL 1467329
...ncing pursuant to section
775.082(4)(a), Florida Statutes (2002). AFFIRMED in part, REVERSED in part, and REMANDED for further proceedings. BENTON, J., concurs and WOLF, C.J., dissents with written opinion. . While this court in Stalling , following section
901.151, Florida Statutes, employs the term "probable cause,” the Florida Supreme Court has held that "probable cause” for the purpose of evaluating a frisk after a stop is the equivalent of "reasonable belief.” State v....
CopyPublished | Florida 5th District Court of Appeal | 2007 Fla. App. LEXIS 9618
...with cocaine in his lap and arrested him for possession of cocaine. 1 E.D.R. alleged in his motion to suppress that he was asleep on the porch when the police entered the porch area without a founded suspicion that a crime had been, was being, or was about to be committed. Further, the seizure was not pursuant to section 901.151, Florida Statutes (2005), Florida’s Stop and Frisk Law....
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
CopyPublished | District Court of Appeal of Florida | 1992 Fla. App. LEXIS 6959, 1992 WL 134750
...He felt a hard object in the front of appellant’s pants which turned out to be a tire iron. To justify a stop and frisk, the officer must have a well-founded suspicion that the person in question has committed, is committing, or is about to commit a crime. § 901.151(2), Fla.Stat....
CopyPublished | Florida 5th District Court of Appeal
...included that remedy
in other criminal procedure statutes. For example, the stop and frisk statute,
which immediately precedes section
901.16, provides that no evidence
obtained in violation of the statute is admissible in any Florida court. See §
901.151(6), Fla....
CopyPublished | Florida 2nd District Court of Appeal | 2006 Fla. App. LEXIS 9773
...He asked where the gun was, and D.L.J. responded that it was in his left front shoe. The officers arrested D.L.J. and charged him with carrying a concealed weapon. D.L.J. moved to suppress the evidence arguing that the seizure of the magazine and the gun violated section 901.151(5), Florida Statutes (2004), and the constitutions of the United States and Florida. Section 901.151(1), Florida’s stop and frisk statute, provides that a pat-down can be conducted during a valid detention if the police have probable cause to believe that the detained person is “armed with a dangerous weapon.” § 901.151(5), Fla....
...State,
574 So.2d 243, 244 (Fla. 1st DCA 1991). Under the circumstances, the motion to suppress should have been granted. Accordingly, we reverse and remand with directions that D.L.J. be discharged. Reversed and remanded. FULMER, C.J., and DAVIS, J., Concur. . Section
901.151(5) provides: Whenever any law enforcement officer authorized to detain temporarily any person under the provisions of subsection (2) has probable cause to believe that any person whom the officer has temporarily detained, or is about...
CopyPublished | District Court of Appeal of Florida | 1994 Fla. App. LEXIS 5653
...inferences and deductions therefrom, in a manner most favorable to sustain the trial court’s ruling. McNamara v. State,
357 So.2d 410, 412 (Fla.1978). . The legislature codified Terry by enacting Chapter 69-73, Laws of Florida, now encompassed in section
901.151, Florida Statutes (1993), which is entitled "Stop and Frisk Law”. We acknowledge that section
901.151(5) states that the officer must have "probable cause” to believe that the detained person is armed in order to search such person; however, our supreme court equated the term "probable cause” as used in the statute to the Terry st...
CopyPublished | Florida 4th District Court of Appeal | 2011 Fla. App. LEXIS 8079, 2011 WL 2135541
...ne hundred Oxycodone 30 milligram tablets. And finally, the last bottle labeled to Weslie Triplett, for Oxycodone, 15 milligrams, quantity of 90, and this one contained 80 Oxycodone, 15 milligrams. . Florida’s “Stop and Frisk Law,” codified in Section 901.151, Florida Statutes (2008), permits "a law enforcement officer who encounters any person under circumstances which reasonably indicate that such person has committed a crime to temporarily detain the suspect and ascertain identity and t...
CopyPublished | District Court of Appeal of Florida | 14 Fla. L. Weekly 1341, 1989 Fla. App. LEXIS 3007, 1989 WL 56312
...As Officer Bell started to reach for the object, appellee broke away. Officer Bell grabbed appellee’s jacket by the pocket and two bags of cocaine fell out. The determination of the motion to suppress turns on whether Worthington’s detention was legally permissible under Florida’s “stop and frisk” law, § 901.151, Florida Statutes (1987)....
CopyPublished | Florida 1st District Court of Appeal
...has committed, is committing, or is about to commit a crime—
including a violation of a criminal ordinance—the officer may
temporarily detain the person to ascertain his identity and
investigate the circumstances surrounding the suspected
criminal activity. § 901.151(2), Fla....
...temporarily detained, “is armed with a dangerous weapon and
therefore offers a threat to the safety of the officer or any other
person,” the officer may search the person only to the extent
necessary to determine whether the person in fact has a weapon.
§ 901.151(5), Fla....
...we do not think it was, the purported search was far less
intrusive than the typical pat-down permissible under Terry for
determining the presence of a weapon. The bulge in Appellant’s
front pocket was sufficient reason for the officer to ask Appellant
if he had a weapon. See § 901.151(5), Fla....
CopyPublished | District Court of Appeal of Florida | 1991 Fla. App. LEXIS 6556, 1991 WL 120779
...It is well settled in Florida that a police officer may stop and investigate a motor vehicle when there is a founded suspicion of criminal activity in the mind of that officer. Kehoe v. State,
521 So.2d 1094 (Fla.1988); see also Codie v. State,
406 So.2d 117 (Fla. 2d DCA 1981); §
901.151, Fla.Stat....
CopyPublished | District Court of Appeal of Florida | 1998 Fla. App. LEXIS 9721
...consensual act.” Because of the valid traffic stop and the bulge in appellant’s pocket, the deputy was entitled to conduct a protective pat down search for weapons. See Terry v. Ohio,
392 U.S. 1 ,
88 S.Ct. 1868 ,
20 L.Ed.2d 889 (1968). See also §
901.151, Fla....
CopyPublished | Supreme Court of Florida | 39 Fla. L. Weekly Supp. 478, 2014 WL 2979378, 2014 Fla. LEXIS 2149, 2014 Fla. App. LEXIS 10282
...1, 30 (1968)); Popple v. State,
626 So. 2d
185, 186 (Fla. 1993) (“[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.” (citing §
901.151, Fla....
CopyPublished | Florida 3rd District Court of Appeal | 2015 Fla. App. LEXIS 11338, 2015 WL 4546971
...initial conflicting accounts of the events to Officer Fleites, he became suspicious.
We conclude Detective Godoy’s suspicions were reasonable, and thus, based on
his reasonable suspicion, he was legally authorized to detain the defendant for
further investigation. See § 901.151(2), Fla....
CopyPublished | Florida 2nd District Court of Appeal | 2007 Fla. App. LEXIS 11510, 2007 WL 2141807
...In Popple , the Supreme Court of Florida outlined the characteristics of an investigatory stop: 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....
CopyPublished | District Court of Appeal of Florida | 1991 Fla. App. LEXIS 7048, 1991 WL 134414
...n by appellee’s codefendant “for investigative purposes” and then noticed that the ladders were marked “Bell South or Southern Bell.” Officer Littlefield arrested appellee and the driver after he concluded that they had stolen the ladders. Section 901.151(2), Florida Statutes (1989), in pertinent part, provides: Whenever any law enforcement officer ......
CopyPublished | Florida 2nd District Court of Appeal | 2010 WL 2867873
...In order to justify an investigatory stop, a police officer must have a reasonable, articulable suspicion that a person has committed, is committing, or is about to commit a crime. Keeling v. State,
929 So.2d 1169, 1171 (Fla. 2d DCA 2006); see also §
901.151, Fla....
CopyPublished | District Court of Appeal of Florida | 1975 Fla. App. LEXIS 14293
...t probable cause and his subsequent arrest and search and seizure were unlawful and the motion to suppress should have been granted. We do not agree. The facts disclosed in the record show there was probable cause to stop, detain and question Brown. § 901.151, Fla.Stat....
CopyPublished | District Court of Appeal of Florida | 12 Fla. L. Weekly 1617, 1987 Fla. App. LEXIS 9124
...At this point, Fortney was formally arrested. It is undisputed by the parties that a detention and search took place. The trial court denied the motion to suppress on the basis that Jacobs’ request of Fortney to open his hand was a valid exercise of Florida's Stop and Frisk Law, section 901.151, Florida Statutes (1985)....
CopyPublished | Florida 2nd District Court of Appeal
...Even Mr.
Ferrell conceded that he did not make complete stops.
(2) The incriminating nature of the pipe was in plain view
Our record reflects that after Deputy Ellis asked Mr. Ferrell
whether "he could remove the pocketknife for his safety and ours,"
Deputy Ellis took the pocketknife from Mr. Ferrell. Cf. § 901.151(5), Fla.
Stat....
CopyPublished | District Court of Appeal of Florida | 1974 Fla. App. LEXIS 6875
...We have examined these cases, and they do not support the search of appellant’s person and the subsequent search of the automobile trunk under the factual circumstances here presented. First, the officer had the right to make a pat-down search of appellant for weapons — but only for weapons. See Section 901.151(5), Florida Statutes....
CopyPublished | Florida 4th District Court of Appeal | 2013 WL 3717535, 2013 Fla. App. LEXIS 11224
...ommitted, is committing, or is about to commit a criminal offense. Popple v. State,
626 So.2d 185, 186 (Fla.1993) (citing Terry v. Ohio,
392 U.S. 1 ,
88 S.Ct. 1868 ,
20 L.Ed.2d 889 (1968)); Kearse v. State,
384 So.2d 272, 273-74 (Fla. 4th DCA 1980); §
901.151(2), Fla....
CopyPublished | District Court of Appeal of Florida | 1973 Fla. App. LEXIS 7600
PER CURIAM. Affirmed upon authority of Fla.Stat. § 901.151(2), F.S.A....
CopyPublished | District Court of Appeal of Florida | 1997 Fla. App. LEXIS 8189, 1997 WL 394866
...1868, 1879-80 ,
20 L.Ed.2d 889 (1968) (“And in justifying the particular intrusion the police officer must be able to point to specific and articulable facts which, taken together with the rational inferences from those facts, reasonably warrant that intrusion.”); §
901.151(2), Fla....
...on a weekday. In the absence of some explanation by the officer about why, in light of the officer’s training and experience, the circumstances gave rise to a well-founded fear that a crime had been, was being, or was about to be, committed, see § 901.151(2), Fla....
CopyPublished | Supreme Court of Florida
...4th DCA 2020) (citing Taylor v. State,
855 So. 2d 1, 14-15 (Fla. 2003)). In order to justify an investigatory
stop, a police officer must have a well-founded suspicion that the
person detained has committed, is committing, or is about to
commit a crime. See §
901.151(2), Fla....
CopyPublished | District Court of Appeal of Florida | 1985 Fla. App. LEXIS 11894
PER CURIAM. Reversed and remanded on the authority of section 901.151(5), Florida Statutes (1983)....
CopyPublished | Court of Appeals for the Eleventh Circuit
Argued: Jun 9, 2022
..., to provide iden-
tification, absent a reasonable suspicion that the passenger had
committed, was committing, or was about to commit a criminal
offense.” The Court supported that statement by citing Florida
Statute § 901.151(2) 11 and three U.S. Supreme Court decisions. In
a parenthetical citation to this statute, the District Court said an
11 Section 901.151(2), Florida’s “Stop and Frisk Law,” states in relevant part:
Whenever any law enforcement officer of this state encoun-
ters any person under circumstances which reasonably indi-...
...and the circumstances surrounding the person's presence
abroad which led the officer to believe that the person had
committed, was committing, or was about to commit a crimi-
nal offense.
Fla. Stat. § 901.151(2).
USCA11 Case: 21-10670 Document: 49-1 Date Filed: 01/30/2024 Page: 10 of 55
10 Opinion of the Court 21-10670
“officer may detain [a] perso...
...when [the] officer reasonably believes [the] person has committed,
is committing, or is about to commit a crime.” The main Supreme
Court decisions the District Court cited were Hiibel 12 and Brown v.
Texas. 13
Referring to § 901.151(2), the District Court acknowledged
that the “Florida courts had not specifically held that law enforce-
ment officers may require [a] passenger[] to provide identification
during traffic stops absent a reasonab...
...refuse Dunn’s command that he identify himself, Dunn had at least
arguable probable cause to arrest him under §
843.02 for refusing
to do so. Another inference reasonably drawn from the District
Court’s discussion about §
901.151(2) is that, if Johnson did not
have the right to refuse Dunn’s command, the statute’s language—
“had committed, was committing, or was about to commit a crim-
inal offense”—would be inoperative here....
CopyPublished | District Court of Appeal of Florida | 1980 Fla. App. LEXIS 15471
...Likewise, there is no evidence that Defendant consented, either expressly or by his actions, to the initial stop and search. There is no contention by either the State or Defendant, nor is there any *171 evidence to support a contention that this search was conducted within the permitted boundaries of Section 901.151, Florida Statutes, known as the “Stop and Frisk law” nor was the search otherwise justified under the doctrine of Terry v....
CopyPublished | District Court of Appeal of Florida | 1981 Fla. App. LEXIS 18672
...While we are inclined to agree, we reach no conclusion as to this contention. However, it is clear that at best the officers involved here had no more than a reasonable or founded suspicion, entitling them only to briefly detain the Volvo’s occupants and search them only to the extent necessary to disclose a weapon. § 901.151, Fla.Stat....
...court’s implicit finding of probable cause. Since we have determined that probable cause was lacking here, Carroll and section
933.19(1) are inapplicable. The officers here exceeded the scope of any authority to search that they may have had under section
901.151. Stephens made no assertion that he was conducting a search for weapons. He was undisputedly looking only for drugs. A search pursuant to section
901.151 is limited to a search for weapons....
CopyPublished | District Court of Appeal of Florida | 1984 Fla. App. LEXIS 11366
...rniture in the trailer, and saw the female standing outside directly behind the trailer, he was clearly authorized to temporarily detain and question the female because the circumstances reasonably indicated that such person was committing a felony. § 901.151(2), Fla.Stat....
...d in proceeding around the side of the trailer in order to temporarily detain and question the suspect. Once he ascertained that the defendants owned the trailer and resided therein, he had probable cause and was authorized to arrest the defendants. § 901.151(4), Fla.Stat....
CopyPublished | District Court of Appeal of Florida | 10 Fla. L. Weekly 212, 1985 Fla. App. LEXIS 11935
...Believing this situation required immediate action, the officers proceeded around the property to question the juveniles. Since the officers acted under the exigent circumstances, their presence in the side yard was justified. Therefore, under the authority of section 901.151(2), Florida Statutes (1983), and our finding of exigent circumstances, we find that the officers were lawfully in the side yard of appellant’s home....
...Being lawfully in the side yard of appellant’s home, the officers’ observation and subsequent seizure of the marijuana plant in plain view was proper. See Guin v. City of Riviera Beach,
388 So.2d 604 (Fla. 4th DCA 1980). Accordingly, we affirm. RYDER, C.J., and OTT and CAMPBELL, JJ., concur. . Section
901.151(2), Florida Statutes (1983), reads in full: (2) Whenever any law enforcement officer of this state encounters any person under circumstances which reasonably indicate that such person has committed, is committing, or is about to commi...
CopyPublished | District Court of Appeal of Florida | 1982 Fla. App. LEXIS 18951
...We think this case is controlled by the principles expressed in Ingram v. State,
264 So.2d 109 (Fla. 4th DCA 1972) where under similar circumstances a weapons search was upheld. There, the court held that the validity of the search did not depend on the application of the “stop and frisk law,” (now section
901.151, Florida Statutes [1979]), but on Fourth Amendment considerations as well as consideration of section 12, Article I of the Florida Constitution....
CopyPublished | District Court of Appeal of Florida | 1983 Fla. App. LEXIS 18726
...The trial court evaluated these facts and found that the search was valid. We cannot agree. At the outset, it is important to note what this case is not about. Because the officer began to search the truck almost immediately, this case is not governed by Florida’s Stop and Frisk Law, section 901.151, Florida Statutes (1981)....
CopyPublished | Florida 2nd District Court of Appeal | 2002 Fla. App. LEXIS 137, 2002 WL 27266
...The victim identified the keys and drove away in the truck using the keys. M.E.S. was then arrested and charged with grand theft. Regardless of whether the initial encounter in this case was consensual, the facts show that the encounter quickly transformed into an investigatory detention. Section 901.151(2), Florida Statutes (1999), authorizes an officer to conduct a brief investigatory detention to ascertain the identity of the person detained and the circumstances surrounding that person’s presence at the scene if he or she has a...
...ther deputy exceeded the scope of M.E.S.’s consent in handing the keys to the deputy. The record reflects that M.E.S. neither authorized the deputy to place the keys on the trunk of the police car nor authorized him to hand them to another deputy. Section
901.151 “neither contemplates nor approves the seizure of goods without probable cause.” In the *540 Interest of G.A.R.,
387 So.2d 404, 409 (Fla....
CopyPublished | Florida 5th District Court of Appeal | 2005 Fla. App. LEXIS 2225, 2005 WL 433136
...An investigatory detention, or Terry stop, is permissible if a police officer has a well-founded suspicion that the individual detained has committed, is committing, or is about to commit a crime. Terry v. Ohio,
392 U.S. 1, 30 ,
88 S.Ct. 1868 ,
20 L.Ed.2d 889 (1968); Reynolds v. State,
592 So.2d 1082 (Fla.1992); see also §
901.151, Fla....
CopyPublished | District Court of Appeal of Florida | 10 Fla. L. Weekly 491, 1985 Fla. App. LEXIS 12548
...The officer touched the bag, ascertained that it contained syringes, opened the bag, and discovered syringes. A subsequent search produced cocaine from defendant’s pocket. An officer can only stop and detain a citizen if he has a “founded suspicion” of illegal activity. § 901.151, Fla.Stat....
CopyPublished | District Court of Appeal of Florida | 1984 Fla. App. LEXIS 11554
...ssume there were other facts. If not, then we are also in conflict with Stevens . REVERSED. ORFINGER, C.J., and COWART, J., concur. . See §
933.19, Fla.Stat. (1981). . See New York v. Belton,
453 U.S. 454 ,
101 S.Ct. 2860 ,
69 L.Ed.2d 768 (1981). . Section
901.151, Florida Statutes (1981) provides: (1) This section may be known and cited as the "Florida Stop and Frisk Law.” (2) Whenever any law enforcement officer of this state encounters any person under circumstances which reasonably indica...
CopyPublished | Florida 2nd District Court of Appeal | 2014 WL 562901, 2014 Fla. App. LEXIS 2028
...d his possession of it during improper investigative detention). An officer may effect a temporary investigative detention if the circumstances reasonably indicate that the person detained has committed, is committing, or is about to commit a crime. § 901.151, Fla....
CopyPublished | District Court of Appeal of Florida | 1978 Fla. App. LEXIS 15234
...The defendant urges reversal because his actions, so he contends, did not reasonably indicate that he had committed, or was about to commit a violation of the criminal laws of the State of Florida so as to justify the officer in stopping and frisking him pursuant to Section 901.151, Florida Statutes (1975)....
CopyPublished | Florida 2nd District Court of Appeal | 2008 Fla. App. LEXIS 1867, 2008 WL 373631
...officer was not required to have probable cause to arrest Ballinger in order to stop his vehicle. Rather, the officer was merely required to have reasonable suspicion that Ballinger had committed, was committing, or was about to commit a crime. See § 901.151, Fla....
CopyPublished | Florida 3rd District Court of Appeal | 1991 Fla. App. LEXIS 1013, 1991 WL 15576
...The police officer’s uncontroverted testimony established that he approached Jacobs and requested identification because Jacobs was drinking beer on public streets in violation of a municipal ordinance. City of Miami, Fla., Code § 37-17(II) (1989). Section 901.151(2), Florida Statutes (1989), authorizes the officer to detain the violator and request identification....
CopyPublished | Florida 1st District Court of Appeal | 2008 WL 351047
...why they have a loitering and prowling statute." Officer Homer testified that Appellant and his companion were not being rowdy or fighting. On appeal, Appellant contends the officer lacked a lawful reason to perform an investigatory stop. We agree. Section 901.151(2), Florida Statutes (2006), provides as follows: Whenever any law enforcement officer ....
CopyPublished | District Court of Appeal of Florida | 1982 Fla. App. LEXIS 19223
...The April 17, 1981, probationary order of the court below is corrected to read that Daniels entered a plea of nolo contendere specifically reserving his right to appeal. The motion to suppress was properly denied. Terry v. Ohio,
392 U.S. 1 ,
88 S.Ct. 1868 ,
20 L.Ed.2d 889 (1968); §
901.151, Fla....
CopyPublished | District Court of Appeal of Florida | 1990 Fla. App. LEXIS 9180, 1990 WL 195833
...He also testified that he had never seen people pass around a tobacco cigarette. Based on his observations, Dinsmore radioed for a marked unit in the area to stop Lewis’s car. The validity of the stop and the arrest which followed turns upon whether Dinsmore’s observations were sufficient to support the stop. 1 Section 901.151, Florida Statutes (1989), provides: (2) Whenever any law enforcement officer of this state encounters any person under circumstances which reasonably indicate that such person has committed, is committing, or is about to commit a viol...
CopyPublished | District Court of Appeal of Florida | 14 Fla. L. Weekly 67, 1988 Fla. App. LEXIS 5750, 1988 WL 139517
...*1147 parking, and concluded that the totality of the circumstances warranted a well-founded suspicion to stop the car, and that the observance of the shotgun and the scales was enough to warrant a search of the car. The Florida Stop and Frisk Law, section 901.151 Florida Statutes (1987), specifically grants police officers the right to stop and temporarily detain individuals under certain circumstances....
CopyPublished | District Court of Appeal of Florida | 1991 Fla. App. LEXIS 12750
...on the “plain touch” doctrine. The trial court refused to suppress the evidence. We need not decide this case on whether the plain touch doctrine permits this seizure. We reverse because the search itself was improper. The state’s reliance on section 901.151 is misplaced....
CopyPublished | District Court of Appeal of Florida | 1980 Fla. App. LEXIS 17903
...We note that the learned trial judge did not have the benefit of the rationale expounded by the Hetland court. Based on that opinion we disagree with the trial court’s findings. We therefore hold that the stop was justified. Florida’s Stop and Frisk Law, Section 901.151, Florida Statutes (1979), requires that a law enforcement officer, encountering an individual, may temporarily detain him if the encounter occurs “under circumstances which reasonably indicate that such person has committed, is comm...
CopyPublished | District Court of Appeal of Florida | 1999 Fla. App. LEXIS 17036
...t follow the contour of his body.” Although the officer did not use the frequently utilized magic word, “bulge,” the officer clearly articulated the specific matter that caused him to become concerned for his, and his partner’s, safety. See § 901.151(5), Fla....
CopyPublished | District Court of Appeal of Florida | 14 Fla. L. Weekly 2, 1988 Fla. App. LEXIS 5797
...Appellant’s motion to suppress alleged that the initial stop of the vehicle was illegal because there was no “founded suspicion” that the occupants of the vehicle had committed, were committing, or were about to commit a crime as required by § 901.151, Fla.Stat., and Terry v....
...On appeal, the state concedes that the evidence is suppressible if the initial stop was improper. Since we find that the initial stop was not based upon founded suspicion we need not address appellant’s claim that the subsequent search was illegal. Section 901.151, Fla.Stat....
CopyPublished | District Court of Appeal of Florida | 1980 Fla. App. LEXIS 18262
...suppress. Appellant urges that the stop of his vehicle was improper because the police did not have a well-founded or reasonable suspicion that he “had committed a violation of the criminal laws of this state” sufficient to justify a stop under Section 901.151(2), Florida Statutes (1979), Florida’s Stop and Frisk Law, and that accordingly, the subsequent frisk of his person was illegal....
CopyPublished | District Court of Appeal of Florida | 1975 Fla. App. LEXIS 18865
...On this appeal it is contended by the appellant that the trial court committed reversible error by overruling a defense objection to introduction of the knife into evidence by the State. On consideration of the briefs, argument and the record, we hold that the questioned ruling of the trial court was not error. See: § 901.151(5), Fla.Stat, F.S.A....
CopyPublished | District Court of Appeal of Florida | 11 Fla. L. Weekly 1, 1985 Fla. App. LEXIS 16958
...It did contain marijuana. A later search of the vehicle uncovered cocaine and drug paraphernalia. A law enforcement officer must have a founded suspicion that the occupants have committed, are committing, or are about to commit a crime in order to justify a stop. § 901.151(2), Fla.Stat....
CopyPublished | Florida 4th District Court of Appeal
...soned
“the State can prove their case because they have a wheel witness,
somebody who’s there.”
Absent a warrant, “an arrest for DUI must be supported by probable
cause.” Skinner v. State,
31 So. 3d 940, 943 (Fla. 1st DCA 2010) (citing §
901.151(4), Fla....
CopyPublished | Florida 5th District Court of Appeal
...§ 26-26(g); Orange County, Fla., Code of Ordinances § 1—9(c) (2016). Police may conduct an investigatory stop if reasonable suspicion exists to believe that an individual “has committed, is committing, or is about to commit a crime.” Popple v. State,
626 So.2d 185, 186 (Fla. 1993) (citing §
901.151, Fla....
CopyPublished | Florida 5th District Court of Appeal | 2001 Fla. App. LEXIS 17632
...Absent a knowing and voluntary consent, Deputy Borows had no right to conduct a pat down or to ask C.Q. to remove anything from his pockets. See Terry; State v. Webb,
398 So.2d 820 (Fla.1981) (reasonable belief person armed with dangerous weapon required to frisk); Harris v. State,
574 So.2d 243 (Fla. 1st DCA 1991); §
901.151(5), Fla....
CopyPublished | District Court of Appeal of Florida | 14 Fla. L. Weekly 2897, 1989 Fla. App. LEXIS 6965, 1989 WL 150076
...acts upon which a founded suspicion could be based that a crime was being committed.... A police officer may stop a person based upon a reasonable and articulable suspicion that the person has committed, is committing, or is about to commit a crime. § 901.151, Pla.Stat....
CopyPublished | Court of Appeals for the Eleventh Circuit
Argued: Aug 11, 2021
...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 reasona-
ble suspicion of criminal activity. § 901.151, Fla....
CopyPublished | District Court of Appeal of Florida | 1995 Fla. App. LEXIS 8900, 1995 WL 497028
...Popple,
626 So.2d at 188 ; Jacobson v. State,
476 So.2d 1282, 1285 (Fla.1985). “[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.Stat....
CopyPublished | District Court of Appeal of Florida | 1991 Fla. App. LEXIS 8188
...suspicions. As an appellate court, we cannot reject the trial court’s findings as a matter of law. Accordingly, we affirm. AFFIRMED. COWART, J., concurs. GRIFFIN, J., dissents with opinion. . State v. Pye,
551 So.2d 1237 (Fla. 1st DCA 1989). . See §
901.151(5), Fla.Stat....
CopyPublished | Florida 4th District Court of Appeal | 2008 WL 3850872
...ce 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. See Terry v. Ohio,
392 U.S. 1,
88 S.Ct. 1868,
20 L.Ed.2d 889 (1968); see also §
901.151(2), Fla....
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 1st District Court of Appeal | 2000 Fla. App. LEXIS 10319, 2000 WL 1152556
...t have the necessary founded suspicion to make the type of stop that occurred in this case. At *269 the time appellee was stopped, the officer had a reasonable, well-founded suspicion of criminal activity sufficient to justify an investigatory stop. § 901.151(2), Fla....
CopyPublished | Florida 4th District Court of Appeal | 2015 Fla. App. LEXIS 11954, 2015 WL 4747407
...[they have] temporarily
detained, or [are] about to detain temporarily, is armed with a dangerous
weapon and therefore offers a threat to the safety of the officer or any other
person” prior to searching them for the presence of a weapon) (quoting
§ 901.151 Fla....
CopyPublished | Florida 2nd District Court of Appeal | 2007 Fla. App. LEXIS 12369
...ted positive for marijuana. In arguing that the marijuana should be suppressed, D.B.A. asserted that while Deputy Vidal had a reasonable suspicion to detain him, he did not have probable cause to search him. We agree. The Florida Stop and Frisk Law, § 901.151(5), Fla....
CopyPublished | Florida 2nd District Court of Appeal | 2007 WL 2275183
...ted positive for marijuana. In arguing that the marijuana should be suppressed, D.B.A. asserted that while Deputy Vidal had a reasonable suspicion to detain him, he did not have probable cause to search him. We agree. The Florida Stop and Frisk Law, § 901.151(5), Fla....
CopyPublished | District Court of Appeal of Florida | 1998 Fla. App. LEXIS 3746, 1998 WL 166229
...Quite possibly that explanation was tendered to Wilkinson at the time of the initial stop, but Wilkinson was not allowed to so testify because of the Miranda problem. We agree with the trial court that Wilkinson had a sufficient basis to stop and detain R. S., and indeed, the appellant does not contend otherwise. See § 901.151, Fla....
CopyPublished | District Court of Appeal of Florida | 1980 Fla. App. LEXIS 15890
...Following denial of his motion to suppress, he pled no contest, reserving the right to appeal the trial court’s ruling. Adjudication was withheld and appellant placed on probation for three years. Appellant contends that seizure of the cocaine from his shirt, pocket was illegal because the frisk was not authorized by Section 901.151(5), Florida Statutes (1977)....
...He then placed appellant under arrest. Officer Vaughn testified at the motion to suppress that he had no reason to believe the driver or the passengers were armed. This case is governed by our decision in Schnick v. State,
362 So.2d 423, 425 (Fla. 4th DCA 1978), wherein we held: Section
901.151(5), Florida Statutes (1975) sets out entirely separate and distinct requirements which must be met before a person may be searched....
CopyPublished | Florida 3rd District Court of Appeal | 2015 Fla. App. LEXIS 5034
...as enunciated in Terry v. Ohio,
392 U.S. 1 (1968). At this level, a police officer
may reasonably detain a citizen temporarily if the officer has a reasonable and
articulable suspicion that a person has committed, is committing, or is about to
commit a crime. §
901.151 Fla....
CopyPublished | Florida 4th District Court of Appeal | 13 Fla. L. Weekly 881, 1988 Fla. App. LEXIS 1316, 1988 WL 28284
...t criminal activity was taking place, had taken place, or was about to take place. See, e.g., State v. Hoover,
520 So.2d 696 (Fla. 4th DCA 1988); McCloud v. State,
491 So.2d 1164 (Fla. 2d DCA 1986); Carter v. State,
454 So.2d 739 (Fla. 2d DCA 1984); §
901.151(2), Fla.Stat....
CopyPublished | District Court of Appeal of Florida | 1990 Fla. App. LEXIS 2339, 1990 WL 39895
...First, clearly, the circumstances surrounding the officer’s apprehension of ap-pellee lead to a legitimate founded suspicion that appellee was engaged in criminal activity sufficient to justify 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....
CopyPublished | Florida 1st District Court of Appeal
...Stat.; see also §
901.1505,
Fla. Stat. (giving a “federal law enforcement officer” the authority
to make warrantless arrests under certain circumstances, to use
force when reasonably necessary, and to conduct a warrantless
search incident to arrest); cf. §
901.151, Fla....
CopyPublished | District Court of Appeal of Florida | 1976 Fla. App. LEXIS 14143
...After carefully reviewing the briefs, record and testimony from the suppression hearing, we hold that the trial court erred in granting defendant’s motion to suppress, as the police officer had reasonable grounds to believe defendant was committing a crime, Fla.Stat. § 901.151 (1975); Thomas v....
CopyPublished | Florida 4th District Court of Appeal | 2013 WL 1316372, 2013 Fla. App. LEXIS 5342
...In order to stop and detain a person for investigation, a law enforcement officer “must have a reasonable suspicion that the person has committed, is committing, or is about to commit a crime.” Slydell v. State,
792 So.2d 667, 671 (Fla. 4th DCA 2001). See also Popple v. State,
626 So.2d 185, 186 (Fla.1993); §
901.151(2), Fla....
CopyPublished | District Court of Appeal of Florida | 1996 Fla. App. LEXIS 3322, 1996 WL 148171
...Appellant seeks review of the trial court’s denial of his motion to suppress, alleging that he was denied his rights guaranteed him pursuant to the Fourth Amendment of the United States Constitution and Article 1, Section 12, of the Florida Constitution. We affirm the ruling of the trial court. Section 901.151, Florida Statutes (1991), customarily and statutorily referred to as “Florida Stop and Frisk Law,” provides in part as follows: (2) Whenever any law enforcement officer of this state encounters any person under circumstances which...
...may search such person so temporarily detained only to the extent necessary to disclose, and for the purpose of disclosing, the presence of such weapon. If such a search discloses such a weapon or any evidence of a criminal offense it may be seized. § 901.151(2), (5), Fla.Stat....
CopyPublished | District Court of Appeal of Florida | 1990 Fla. App. LEXIS 2233, 1990 WL 37426
...Here the observations of the officer gave rise to a reasonable concern that the passenger was armed, and satisfied the standard set forth in Michigan v. Long. The officer was entitled to search the passenger compartment, including containers in which weapons might be held. Id.; see also § 901.151, Fla.Stat....
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
...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.Stat....
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 | District Court of Appeal of Florida | 1978 Fla. App. LEXIS 15444
...We find no merit to his arguments and affirm the trial judges’ rulings denying the motions to quash service of the state attorney and the grand jury subpoenas. With respect to limitation on the scope of the state attorney and grand jury examinations, petitioner argues that the money was seized in violation of Section 901.151, Florida Statutes, the Florida Stop and Frisk Law, and therefore the seizure was illegal and the matter not subject to investigation by either of these agencies....
...tion,
287 So.2d 43 (Fla.1973) which considered the Florida wiretap statute. Section
934.06 specifically states that evidence obtained as a result of violation of Chapter 934, Florida Statutes, may not be presented for a grand jury’s consideration. Section
901.151(6) of Florida’s stop and frisk statute provides that evidence seized in violation of that statute is not “admissible against any person in any court ....
CopyPublished | Florida 3rd District Court of Appeal | 2016 WL 1578469, 2016 Fla. App. LEXIS 5971
...e part of the officer that a person
5
temporarily detained is armed with a dangerous weapon.” State v. Webb,
398 So.
2d 820, 824 (Fla. 1981); see also J.L. v. State,
727 So. 2d 204 (Fla. 1998).
Section
901.151(5), Florida Statutes (2012) (entitled “Stop and Frisk Law”),
provides:
Whenever any law enforcement officer authorized to detain
temporarily any person under the provisions of subsection (2) has
probable cause...
...2 We agree with Cole that Officer Lobello’s subsequent search of Cole exceeded
the scope of a patdown search, given that she felt empty bags and removed them
from Cole’s pocket. A patdown search is conducted for the purpose of discovering
“a dangerous weapon.” § 901.151(5), Fla....
CopyPublished | Florida 4th District Court of Appeal | 2012 WL 1317950
...mstances of his presence' when there are reasonable indications `that such person has committed, is committing, or is about to commit a violation of the criminal laws of this state.'" Sutton v. State,
698 So.2d 1321, 1323 (Fla. 2d DCA 1997) (quoting §
901.151(2), Fla....
...d have been no reason to go inside the vehicle to search her purse. We therefore reverse and remand the case to the trial court to vacate the disposition order and finding of guilt. Reversed and Remanded. GROSS and DAMOORGIAN, JJ., concur. NOTES [1] Section 901.151(5) speaks in terms of "probable cause," however, courts have suggested that "probable cause" in this context is akin to "reasonable suspicion" or a "reasonable belief" that the person is armed....
CopyPublished | Florida 2nd District Court of Appeal | 2008 Fla. App. LEXIS 5737
...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....
CopyPublished | Florida 2nd District Court of Appeal | 2008 WL 1756597
...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....
CopyPublished | Florida 5th District Court of Appeal | 1999 Fla. App. LEXIS 4890, 1999 WL 218450
...previously occurred in the park, which were known to the police officers, we think the police officers had a reasonable suspicion that criminal activity might be occurring in J.E.’s car. See Bowen v. State,
685 So.2d 942, 943 (Fla. 5th DCA 1996). §
901.151(2), Fla....
CopyPublished | District Court of Appeal of Florida | 14 Fla. L. Weekly 943, 1989 Fla. App. LEXIS 1983
...n. We disagree. It is well settled that a police officer must have a well founded and articulable suspicion of criminal activity before conducting an investigatory stop which amounts to a “seizure” — albeit a temporary one — of a person. See section 901.151, Florida Statutes; Terry v....
CopyPublished | Florida 2nd District Court of Appeal
...A law enforcement officer may detain an individual "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 or the
criminal ordinances of any municipality or county." § 901.151(2), Fla....
CopyPublished | Florida 4th District Court of Appeal | 2006 Fla. App. LEXIS 5325, 2006 WL 931580
...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....
...Our supreme court has indicated that the meaning of “probable cause” in this statute is not synonymous with the stricter probable cause standard used to evaluate the legality of a search warrant or an arrest. See State v. Webb,
398 So.2d 820 (Fla.1981). As used in section
901.151(5), probable cause means reasonable belief or suspicion....
...The officer saw an assault and saw that the appellant was armed with an instrument which could cause harm. The mere fact that the suspect is visibly armed with one weapon or instrument being used in a violent way would create reasonable suspicion to conduct a further weapons pat-down pursuant to Terry and section 901.151(5)....
CopyPublished | District Court of Appeal of Florida | 10 Fla. L. Weekly 951, 1985 Fla. App. LEXIS 13415
...on for the officers to believe that appellant, as contrasted with his companion, had committed a crime. Appellant argues that without such a reasonable belief the officers had no grounds on which to detain appellant under the Stop and Frisk Statute, section 901.151, Florida Statutes (1983)....
CopyPublished | District Court of Appeal of Florida | 1981 Fla. App. LEXIS 19196
...Coats on the evening of the burglary. It is well settled that before an officer may stop and temporarily detain an individual for an investigation, he must have a founded suspicion that the person has committed, is committing, or is about to commit a crime. § 901.151(2), Fla.Stat....
