KIRK NEWMAN, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1980-06-10
No. 80-1078
Before BARKDULL, HENDRY and HUBBART, JJ.
384 So. 2d 272 Florida District Court of Appeal, Third District (1980) Negative Treatment
Cited by 78 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Petitioner Kirk Newman pursuant to Fla. R.App.P. 9.140(g) having taken this appeal from the summary denial of his motion for post conviction relief under Fla.R.Crim.P. 3.850 and this court having considered the record presented and having further determined that it conclusively appears therefrom that petitioner is entitled to no relief, the denial of his motion is affirmed.


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Cited By (37 total)

  • LaMarcus Edward Carter v. State, 454 So. 2d 739 (Fla. 2d DCA 1984)
    …is clear that the instant investigatory detention was justified only if a “founded suspicion” existed in the minds of the detaining officers that the suspects had committed, were committing, or were about to commit a crime. Wilson; Kearse v. State, 384 So. 2d 272 (Fla. 4th DCA 1980); State v. Stevens, 354 So. 2d 1244 (Fla. 4th DCA 1978). A “founded suspicion” arises if the circumstances observed by the officer, interpreted in light of the officer’s knowledge, reasonably indicate the possible presence of cri…
  • G.J.P. v. State, 469 So. 2d 826 (Fla. 2d DCA 1985)
    …1301 (Fla. 2d DCA 1983). To justify temporary detention of a person, there must be a “founded” suspicion in the mind of the police officer that the person has committed, is committing, or is about to commit a crime. Wilson; Carter; Kearse v. State, 384 So. 2d 272 (Fla. 4th DCA 1980); State v. Stevens, 354 So. 2d 1244 (Fla. 4th DCA 1978). A “founded” suspicion is one which has some factual foundation in the circumstances observed by the officer when those circumstances are interpreted in light of the officer’…
  • Cobb v. State, 511 So. 2d 698 (Fla. 3d DCA 1987)
    …flight, standing alone, will not justify either such a belief or stop.1 See Wilson v. State, 433 So. 2d 1301 (Fla. 2d DCA 1983); R.B. v. State, 429 So. 2d 815 (Fla. 2d DCA 1983); McClain v. State, 408 So. 2d 721 (Fla. 1st DCA 1982); Kearse v. State, 384 So. 2d 272 (Fla. 4th DCA 1980); Jackson v. State, 319 So. 2d 617 (Fla. 1st DCA 1975). See also W. LaFave, Search and Seizure § 9.3(c), at 448-51 (2d ed. 1987). That the defendant in the present case ran when he saw the approaching police officer makes his cond…

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