STATE OF FLORIDA, PETITIONER,
v.
CHARLES ALBERT LEVIN, RESPONDENT
STATE OF FLORIDA, PETITIONER,
CHARLES ALBERT LEVIN, RESPONDENT
452 So. 2d 562
Florida Supreme Court (1984)
Negative Treatment
Cited by 36 cases
Opinion of the Court
EHRLICH, Justice.
We accepted jurisdiction in this case, Levin v. State, 449 So. 2d 288 (Fla. 3d DCA 1983), because the district court acknowledged direct and express conflict with the decision of another district court of appeal, Boal v. State, 368 So. 2d 71 (Fla. 2d DCA 1979). Art. V, § 3(b)(3), Fla. Const. For the reasons set forth in the opinion of the Third District Court of Appeal, which we herein adopt as our own, we approve the decision in Levin and accordingly disapprove Boat.
It is so ordered.
ALDERMAN, C.J., and ADKINS, BOYD, OVERTON, McDONALD and SHAW, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (18 total)
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Jenkins v. State, 524 So. 2d 1108 (Fla. 3d DCA 1988)…2d 326 (Fla.1977). To justify a temporary detention the officer must have a founded, articulable suspicion that the individual has committed, is committing, or is about to commit, a crime. Levin v. State, 449 So. 2d 288 (Fla. 3d DCA 1983), approved, 452 So. 2d 562 (Fla.1984); § 901.151, Fla.Stat. (1987). “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’s knowledge.” G.J.P. v. State, 469…
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Ippolito v. State, 789 So. 2d 423 (Fla. 4th DCA 2001)…pellant was in an area of past criminal activity, these facts do not amount to a “well-founded suspicion.” Appellant was legally parked at the partially open gas station and he was not engaged in any observable unlawful activity. See State v. Levin, 452 So. 2d 562 (Fla.l984)(adopting 449 So. 2d 288 (Fla. 3d DCA 1983), and holding that simply being out on the street during late and unusual hours in area where crimes have been committed is insufficient for a stop); White v. State, 737 So. 2d 1117 (Fla. 2d DCA 1…
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State v. Taylor, 826 So. 2d 399 (Fla. 3d DCA 2002)…mity.7 “It has long been recognized in this state that being out on the public street during late and unusual hours cannot constitute a valid basis to temporarily detain” a defendant. Levin v. State, 449 So. 2d 288, 289 (Fla. 3d DCA 1983), approved, 452 So. 2d 562 (Fla.1984); A.H. v. State, 693 So. 2d 89 (Fla. 3d DCA 1997)(reversing denial of suppression motion where police observe respondent legally walking on street at 3:00 a.m.). See also Phillips, 781 So. 2d at 477 (reversing denial of suppression motion…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Levin v. State, 449 So. 2d 288 (Fla. 3d DCA 1983)
- Tropigas S. A. v. Efrain Sanchez, 368 So. 2d 71 (Fla. 3d DCA 1979)