EVELYN BRODSKY, APPELLANT,

v.

KNIGHT-RIDDER, INC., D/B/A THE MIAMI HERALD PUBLISHING CO., INC., APPELLEE

Citator

Cited By

• Lang v. State, 671 So. 2d 292 (Fla. 5th DCA 1996)
  …it a crime. See also § 901.151, Fla.Stat. (1998) (the Stop and Frisk Law). At this level, a citizen’s Fourth Amendment rights are triggered, and such a stop requires proof of a well-founded, articulable suspicion of criminal activity. Hill v. State, 561 So. 2d 23 (Fla. 2d DCA 1990); King v. State, 521 So. 2d 334 (Fla. 4th DCA 1988); State v. Crosby, 497 So. 2d 993 (Fla. 5th DCA 1986); Carter v. State, 454 So. 2d 739 (Fla. 2d DCA 1984). The third level of encounter involves an arrest. It must be supported by…
• Stanton v. State, 576 So. 2d 925 (Fla. 1st DCA 1991)
  …pendently justify the stop of the car. For instance, the “founded suspicion” standard is not satisfied by evidence of flight from approaching police, Johnson, 547 So. 2d at 702, flight in a high crime area, Gipson, 537 So. 2d at 1081, Hill v. State, 561 So. 2d 23, 24 (Fla. 3d DCA 1990), or observation of a pedestrian leaning into a car in a high crime area. Steele v. State, 561 So. 2d 638, 641 (Fla. 1st DCA 1990), State v. Hoover, 520 So. 2d 696, 698 (Fla. 4th DCA 1988). Moreover, Officer Nelson provided no…
• State v. Williams, 627 So. 2d 97 (Fla. 3d DCA 1993)
  …ing paper along street at 6:50 a.m.); State v. Jenkins, 566 So. 2d 926 (Fla. 2d DCA 1990) (Officer had founded suspicion to stop defendant where he was riding bicycle in early morning hours with a box overflowing with goods.); compare Hill v. State, 561 So. 2d 23 (Fla. 3d DCA 1990) (Officers did not have founded suspicion to stop defendant where defendant was simply standing in roadway in high crime area at 5:00 a.m.); Levin v. State, 449 So. 2d 288 (Fla. 3d DCA 1983) (Officer did not have founded suspicion…

Authorities Cited

• The Miami Herald Publ'g Co. v. Mrs. Mary Kendall, 88 So. 2d 276 (Fla. 1956)
• A.J. v. State, 561 So. 2d 1198 (Fla. 3d DCA 1990)
• Walker v. Palm Beach Newspapers, Inc., 561 So. 2d 1198 (Fla. 5th DCA 1990)
• Howard v. Shirmer, 334 So. 2d 103 (Fla. 3d DCA 1976)