DONALD RAY KEENAN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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ROBERT P. SMITH, Jr., Judge.
The evidence supporting this prosecution for possession of marijuana was seized by a police officer who stopped appellant, a white male, while driving his automobile in a black section of Jacksonville, described as a high crime area, late at night. The officer lacked specific, objective facts indicating that appellant was an unlicensed motorist, or that the automobile was unregistered, or that either the vehicle or appellant was subject to seizure for violation of law. Stopping the automobile and detaining appellant in order to check his driver’s license was therefore an unreasonable seizure, proscribed by the Fourth Amendment to the Constitution of the United States. Delaware v. Prouse, - U.S. -, 99 S.Ct. 1391, 59 L.Ed.2d 660 (1979); Brown v. Texas, - U.S. -, 99 S.Ct. 2637, 60 L.Ed.2d 357 (1979). That appellant was previously observed in conversation with a person reputed or known to sell sexual services did not justify the detention.
REVERSED.
MILLS, C. J., and HENRY CLAY MITCHELL, Jr., Associate Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (14 total)
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Muller v. State, 387 So. 2d 1037 (Fla. 3d DCA 1980)…dy trial period, we will not find that the time was extended, no matter how compelling or exceptional the circumstances may appear. State v. Barnett, 366 So. 2d 411 (Fla.1978); Stuart v. State, 360 So. 2d 406 (Fla.1978); State ex rel. Lee v. Harper, 372 So. 2d 1012 (Fla. 1st DCA 1979); Mullin v. State, 307 So. 2d 829 (Fla. 3d DCA 1974); Pouncy v. State, 296 So. 2d 625 (Fla.3d DCA 1974).7 The State next urges that the defendant waived his speedy trial claim. It appears that on June 30, 1976, after the 180-day…
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State v. Lawson, 446 So. 2d 202 (Fla. 3d DCA 1984)…The majority finds on those facts a founded suspicion of criminal activity which justified a detention. Our courts have, in the past, consistently rejected similar arguments. See Kearse v. State, 384 So. 2d 272 (Fla. 4th DCA 1980); Keenan v. State, 372 So. 2d 1012 (Fla. 1st DCA 1979). The only unique fact here is that a business establishment in the area was open rather than closed — a nebulous distinction. A better case could be made if all the businesses had been closed. The trial court heard the testimony…
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D. C. E. v. State, 381 So. 2d 1097 (Fla. 1st DCA 1979)…een by him in plain view if the officer saw them in a place where he had no legal right to be. Compare Delaware v. Prouse, supra; Coladonato v. State, 348 So. 2d 326 (Fla.1977); Mullins v. State, 366 So. 2d 1162 (Fla.1978). See also Keenan v. State, 372 So. 2d 1012 (Fla. 1st DCA 1979). I would reverse the adjudication of delinquency in its entirety.…
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- Delaware v. Prouse, 440 U.S. 648 (U.S. 1979)
- Brown v. Texas, 443 U.S. 47 (U.S. 1979)