ROBERT LESLIE HETLAND, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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A valid stop and frisk may be based on information from an anonymous tipster if the information appears sufficiently reliable due to surrounding circumstances or the nature of the tip itself.
The case concerns whether an anonymous telephone caller's information can justify a stop and frisk. Different Florida District Courts of Appeal had co…
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PER CURIAM.
The question in this case is whether a valid stop and frisk may be based on information obtained from an anonymous telephone caller. The District Court of Appeal, Second District, in the decision below, 366 So. 2d 831, answered this question in the affirmative provided the anonymous tip bore sufficient indicia of reliability. In reaching its decision the court expressly receded from the rule announced in its prior decision in State v. Hendry, 309 So. 2d 61 (Fla. 2d DCA 1975). The District Court of Appeal, Fourth District, however, relied on State v. Hendry in reaching a negative response to this question. St. John v. State, 363 So. 2d 862 (Fla. 4th DCA 1978). But cf. Byrd v. State, 380 So. 2d 457 (Fla. 1st DCA 1980); Isham v. State, 369 So. 2d 103 (Fla. 4th DCA 1979). Conflict jurisdiction therefore vests in this Court pursuant to article V, section 3(b)(3), Florida Constitution (1972).
We agree with the District Court of Appeal, Second District, that an inflexible rule based on the anonymous nature of the tip would not be appropriate in all instances without regard to the other circumstances involved. A valid stop and frisk may be based on information obtained from an anonymous tipster if that information appears sufficiently reliable because of the surrounding circumstances or the nature of the information given in the tip itself.
Since it would serve no useful purpose to expand upon the exhaustive and well reasoned analysis of the district court below, we hereby adopt its opinion as our own. Accordingly, the writ of certiorari is granted and the decision of the District Court of Appeal, Second District, is approved. We disapprove of the decision of the District Court of Appeal, Fourth District, in St. John v. State to the extent it is inconsistent with our decision today.
It is so ordered.
SUNDBERG, C. J., and ADKINS, BOYD, OVERTON and ALDERMAN, JJ., concur.
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State v. Webb, 398 So. 2d 820 (Fla. 1981)…rial judge abused his discretion to evaluate the evidence and rule on the reliability of the tip. See McNamara v. State, 357 So. 2d 410, 412 (Fla.1978). SUNDBERG, C. J., concurs. . State v. Hetland, 366 So. 2d 831, 839 (Fla.2d DCA 1979), approved, 387 So. 2d 963 (Fla.1980). . The district court thought the time of the stop “remote” from the prior robberies and the place of the stop “distant”. Webb v. State, 384 So. 2d at 211. Those conclusions are not supported by the record. No evidence was presented as t…1 / 2
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J.L. v. State, 727 So. 2d 204 (Fla. 1998)…han, 660 F. 2d 500 (D.C.Cir.1981); Speight v. United States, 671 A. 2d 442 (D.C.1996); United States v. Johnson, 540 A. 2d 1090 (D.C.1988); United States v. Mason, 450 A. 2d 464 (D.C.1982); State v. Webb, 398 So. 2d 820 (Fla.1981); Hetland v. State, 387 So. 2d 963 (Fla.1980); State v. Kuahuia, 62 Haw. 464, 616 P. 2d 1374 (Haw.1980); People v. Smithers, 83 Ill.2d 430, 47 Ill.Dec. 322, 415 N.E. 2d 327 (Ill.1980); Graham v. Commonwealth, 667 S.W. 2d 697 (Ky.Ct.App.1983); State v. Jernigan, 377 So. 2d 1222 (La.19…1 / 3
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Bentley v. State, 411 So. 2d 1361 (Fla. 5th DCA 1982)…t properly denied the motion to suppress. See § 901.-151, Fla.Stat. (1979); Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968); McNamara v. State, 357 So. 2d 410 (Fla.1978); State v. Hetland, 366 So. 2d 831 (Fla. 2d DCA 1979), affirmed, 387 So. 2d 963 (Fla.1980); State v. Francois, 355 So. 2d 127 (Fla. 3d DCA 1978); Ingram v. State, 264 So. 2d 109 (Fla. 4th DCA 1972). Appellant also challenges the validity of a condition of probation prohibiting him from living with any female to whom he is not…
Previewing 3 of 77 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Hetland, 366 So. 2d 831 (Fla. 2d DCA 1979)
- ST. John v. State, 363 So. 2d 862 (Fla. 4th DCA 1978)
- Isham v. State, 369 So. 2d 103 (Fla. 4th DCA 1979)
- Brady Otis Byrd v. State, 380 So. 2d 457 (Fla. 1st DCA 1980)
- State v. Hendry, 309 So. 2d 61 (Fla. 2d DCA 1975)