MICHAEL JAMES GORNEY AND PATRICK SHAWN AUTRY, APPELLANTS,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
REVERSED. We find that the trial court erred in failing to grant the motions to suppress filed by appellants. The police detained the appellants after observing them proceeding in rental cars on the highway and apparently making contact with one another by portable civilian band radios. We do not believe these circumstances were sufficient to give rise to a founded suspicion that the appellants were engaged in criminal activity so as to justify their detention. Kayes and Palmer v. State, 409 So. 2d 1075 (Fla. 2d DCA 1981); Royer v. State, 389 So. 2d 1007 (Fla. 3d DCA 1980); State v. Stevens, 354 So. 2d 1244 (Fla. 4th DCA 1978).
Accordingly, this cause is reversed and remanded for further proceedings consistent herewith.
DOWNEY, ANSTEAD and DELL, JJ., concur.
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State v. Avery, 531 So. 2d 182 (Fla. 4th DCA 1988)…e rise to a founded suspicion which would justify his detention, Ingram v. State, 364 So. 2d 821 (Fla. 5th [4th] DCA 1978); Robinson v. State, 388 So. 2d 286 (Fla. 1st DCA 1980); Horvitz v. State, 433 So. 2d 545 (Fla. 4th DCA 1983); Gorney v. State, 409 So. 2d 220 (Fla. 4th DCA 1982). This opinion is entered en banc because we consider the issue to be of exceptional importance.1 We conclude that the trial court erred in determining that the defendant’s consent was coerced, and reverse. Whether consent is vo…
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Pantin v. State, 872 So. 2d 1000 (Fla. 4th DCA 2004)…(Fla. 2d DCA 1984)(eiting Kearse v. State, 384 So. 2d 272 (Fla. 4th DCA 1980)). The totality of the circumstances determines whether reasonable suspicion exists. State v. Rizo, 463 So. 2d 1165, 1167 (Fla. 3d DCA 1984)(citing Terry; Gorney v. State, 409 So. 2d 220 (Fla. 4th DCA 1982)). When an investigatory traffic stop is not based on reasonable suspicion, it violates the Fourth Amendment and is unlawful, making evidence obtained as a result of the stop inadmissible as “fruit of the poisonous tree.” Wong Sun…
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State v. Rizo, 463 So. 2d 1165 (Fla. 3d DCA 1984)…t based on the totality of the circumstances, the information furnished the police did not give rise to reasonable suspicion sufficient to justify their stopping Rizo. Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968); Gorney v. State, 409 So. 2d 220 (Fla. 4th DCA 1982); Robinson v. State, 388 So. 2d 286 (Fla. 1st DCA 1980); Parker v. State, 363 So. 2d 383 (Fla. 3d DCA 1978); Whitley v. State, 349 So. 2d 840 (Fla. 2d DCA 1977). See State v. Webb, 398 So. 2d 820 (Fla.1981). Cf. Finney (informatio…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Stevens, 354 So. 2d 1244 (Fla. 4th DCA 1978)
- Royer v. State, 389 So. 2d 1007 (Fla. 3d DCA 1979)
- Kayes v. State, 409 So. 2d 1075 (Fla. 2d DCA 1981)