V.S., A JUVENILE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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The court held that the arrest for loitering and prowling was unlawful, rendering the subsequent search invalid.
A police officer accosted V.S. based on a hunch, arrested him for loitering and prowling, and found contraband during a search. The officer lacked suf…
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PER CURIAM.
V.S. appeals from an adjudication of delinquency for violation of section 856.021, Florida Statutes (1981), and possession of diazepam in violation of section 893.13, Florida Statutes ,(1981). For the reasons which follow we reverse.
V.S. and a companion were observed by a uniformed motorcycle patrol officer who, acting.on a hunch, accosted the defendant and inquired as to his presence in the area. One of the juveniles stated he was waiting for a friend and the second juvenile stated he was waiting for his brother. The officer could not recall which of those statements was attributable to V.S. When asked for identification V.S. replied that he lived approximately seven blocks away. The officer made no attempt to ascertain the accu racy of this information. V.S. was arrested for loitering and prowling and a subsequent search revealed the presence of the contraband diazepam. This record is devoid of any evidence that satisfies the criteria contained in section 856.021, Florida Statutes (1981), as that statute has been interpreted by our supreme court, see B.A.A. v. State, 356 So. 2d 304 (Fla.1978); State v. Ecker, 311 So. 2d 104 (Fla.1975); In the Interest of O. W., 423 So. 2d 1029 (Fla. 4th DCA 1982).
Because we conclude that the arrest was unlawful the subsequent search is likewise unlawful. See Katz v. United States, 389 U.S. 347, 88 S.Ct. 507, 19 L.Ed.2d 576 (1967); Norman v. State, 379 So. 2d 643 (Fla.1980). The trial court erred in denying V.S.’s motion to suppress.
Based on the foregoing authorities we reverse the adjudication of delinquency and remand to the trial court with directions to discharge the defendant.
Reversed and remanded with, directions.
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D.A. v. State, 471 So. 2d 147 (Fla. 3d DCA 1985)…ce at the expressway exit where L.S. was observed, changed the results in these cases because, if it had, children living in high crime areas would be precluded from playing and frolicking in many parts of their neighborhoods. Also in V.S. v. State, 446 So. 2d 232 (Fla.3d DCA 1984), this court reversed a loitering and prowling adjudication involving a juvenile who was stopped on the street based solely on a police “hunch.” Being out on the street, in itself, is plainly harmless behavior and, without more, pos…
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V.E. v. State, 539 So. 2d 1170 (Fla. 3d DCA 1989)…d-looking rather than backward-looking in nature.” Id. at 151. Here, the state did not establish beyond a reasonable doubt that V.E. was about to attempt to commit a criminal act. See L.S. v. State, 449 So. 2d 1305 (Fla. 3d DCA 1984); V.S. v. State, 446 So. 2d 232 (Fla. 3d DCA 1984); In Interest of O.W., 423 So. 2d 1029 (Fla. 4th DCA 1982). Neither did the state establish that the facts supported the second element necessary to convict the juvenile of loitering and prowling, i.e., that the defendant’s conduc…
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Carter v. State, 516 So. 2d 312 (Fla. 3d DCA 1987)…e the officers obtained from Carter and the statements made by him, were therefore products of an unlawful arrest and were subject to suppression. See C.D., 501 So. 2d at 170; State v. Arnold, 475 So. 2d 301 (Fla. 2d DCA 1985); [*314] V.S. v. State, 446 So. 2d 232 (Fla. 3d DCA 1984). Accordingly, since the trial court erred in denying Carter’s motion to suppress, we reverse his convictions.…
Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Katz v. United States, 389 U.S. 347 (U.S. 1967)
- Norman v. State, 379 So. 2d 643 (Fla. 1980)
- State v. Ecker, 311 So. 2d 104 (Fla. 1975)
- B. A. A. v. State, 356 So. 2d 304 (Fla. 1978)
- In the Interest of O.W., 423 So. 2d 1029 (Fla. 4th DCA 1982)