BARNETT BANK OF PALM BEACH COUNTY, APPELLANT,

v.

DADE SAVINGS AND LOAN ASSOCIATION, ETC., AND HARRIET M. ARNDT, ET AL., APPELLEE

Citator

Cited By

• Johnson v. State, 785 So. 2d 1224 (Fla. 4th DCA 2001)
  …distinguish a citizen encounter from an investigatory stop. Some cases turn on the fact that an officer’s conduct went beyond a consensual encounter and amounted to an investigatory stop for which there was an inadequate basis. See Weaver v. State, 548 So. 2d 1198, 1200 (Fla. 4th DCA 1989); Ruddack v. State, 537 So. 2d 701 (Fla. 4th DCA 1989); Sander v. State, 595 So. 2d 1099, 1100 (Fla. 2d DCA 1992). This line of authority includes cases where a person tries to evade an officer, who uses minimal force or dis…
• Barna v. State, 636 So. 2d 571 (Fla. 4th DCA 1994)
  …stop of defendant was unlawful, the subsequent search of defendant was also unlawful, absent clear and convincing proof that defendant consented to the search, and that this consent was not a product of the unlawful police activity. Weaver v. State, 548 So. 2d 1198 (Fla. 4th DCA 1989); Norman v. State, 379 So. 2d 643 (Fla.1980). We determine that the State has failed to carry this burden, and therefore reverse the order denying the motion to suppress and the judgment and sentence. STONE, J., concurs. DELL, C…
• Alexander v. State, 693 So. 2d 670 (Fla. 4th DCA 1997)
  …hed the defendant. The court recognized, in reversing, that these circumstances alone cannot support a patdown because nothing in the officer’s sworn statement suggested that the defendant was involved in criminal activity. See also Weaver v. State, 548 So. 2d 1198 (Fla. 4th DCA 1989). In Ruddack v. State, 537 So. 2d 701 (Fla. 4th DCA 1989), we found insufficient support for a search where two officers patrolling for drug activity in an apartment building in a high crime area saw the defendant walk from one a…

Authorities Cited

• Provident Nat'l Bank v. Thunderbird Assocs., 364 So. 2d 790 (Fla. 1st DCA 1978)
• Gottschamer v. August, 438 So. 2d 408 (Fla. 2d DCA 1983)