THOMAS JAMES TAYLOR, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1984-10-30
No. 83-2988
Before HENDRY, BASKIN and JOR-GENSON, JJ.
458 So. 2d 1150 Florida District Court of Appeal, Third District (1984) Negative Treatment
Cited by 17 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

We hold that under the totality of the circumstances the identification was reliable, and there was no substantial likelihood of misidentification, even though the confrontation procedure was suggestive. We therefore affirm the judgment of conviction. Manson v. Brathwaite, 432 U.S. 98, 97 S.Ct. 2243, 53 L.Ed.2d 140 (1977); Neil v. Biggers, 409 U.S. 188, 93 S.Ct. 375, 34 L.Ed.2d 401 (1972); Grant v. State, 390 So. 2d 341 (Fla.1980), cert. denied, 451 U.S. 913, 101 S.Ct. 1987, 68 L.Ed.2d 303 (1981); Lecoin v. State, 418 So. 2d 336 (Fla. 3d DCA 1982).

Affirmed.


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Cited By (16 total)

  • D.A. v. State, 471 So. 2d 147 (Fla. 3d DCA 1985)
    …th special care so as to avoid unconstitutional applications. State v. Ecker, supra; Model Penal Code § 250.6, supra. It should also be noted that the showing necessary to justify an arrest for loitering and prowling, compare, e.g., White v. State, 458 So. 2d 1150 (Fla. 1st DCA 1984); State v. Jones, 454 So. 2d 774 (Fla. 3d DCA 1984); T.J. v. State, 452 So. 2d 107 (Fla. 3d DCA 1984); State v. Coron, 411 So. 2d 237 (Fla. 3d DCA 1982); A.L.B. v. State, 399 So. 2d 483 (Fla. 3d DCA 1981); State v. Caballero, 396…
  • Gipson v. State, 537 So. 2d 1080 (Fla. 1st DCA 1989)
    …hese are legally insufficient reasons to satisfy the probable cause standard. Meeks v. State, 356 So. 2d 45 (Fla. 2d DCA 1978); Redfin v. State, 453 So. 2d 425 (Fla. 5th DCA 1984); Walker v. State, 514 So. 2d 1149 (Fla. 2d DCA 1987); White v. State, 458 So. 2d 1150 (Fla. 1st DCA 1984). Gipson’s conviction is REVERSED. WIGGINTON, J., concurs. JOANOS, J., dissents with written opinion.…
  • Lothar Sommer v. State, 465 So. 2d 1339 (Fla. 5th DCA 1985)
    …er had any to begin with. We should not create a rationalization which the arresting police officer, trial court, and appellate counsel did not rely upon, in establishing reasonable suspicion to stop, or probable cause to arrest. See White v. State, 458 So. 2d 1150 (Fla. 1st DCA 1984). . §§ 893.13(1)(e) & (f), Fla.Stat. (1983). . The majority errs in its analysis of the merits of the issue as well. As it correctly points out, “a person has been ‘seized’ within the meaning of the Fourth Amendment only if, in…

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