IN THE INTEREST OF T.C., A JUVENILE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Tainted Consent cases and more on FLexlaw
SCHWARTZ, Chief Judge.
The adjudication of delinquency is reversed because the trial judge erroneously refused to suppress the drugs which were the basis of the charge. This conclusion is based upon the determinations that (a) the officers effected a non-consensual Terry stop by physically preventing him from proceeding on his way, see Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968); State v. Ramos, 378 So. 2d 1294 (Fla. 3d DCA 1979); (b) the actions of the respondent in stuffing an ordinary paper bag in his pocket and walking away from the police after he had observed them fall woefully short of presenting the “founded suspicion” of unlawful activity which is necessary to justify such a stop, Gipson v. State, 537 So. 2d 1080 (Fla. 1st DCA 1989); Ingram v. State, 364 So. 2d 821 (Fla. 4th DCA 1979); and (c) any “consent” which may arguendo have been given by the juvenile for the search of the paper bag which revealed the contraband was tainted and rendered ineffective by the thus unlawful seizure. Norman v. State, 379 So. 2d 643, 646-47 (Fla.1980); Ingram, 364 So. 2d at 821.
Reversed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Baptist Hosp. OF Miami, Inc. v. Demario, 661 So. 2d 319 (Fla. 3d DCA 1995)…on which to draw any factual conclusion or inference.4 We affirm on authority of Inter-Atlantic Insurance Services, Inc. v. Hernandez, 632 So. 2d 1069, 1070 (Fla. 3d DCA 1994), and Intertrans Navigation, Inc. v. Seguros St. Paul de Venezuela, C.A., 576 So. 2d 419, 420 (Fla. 3d DCA 1991).5 Although the default will stand as to the plaintiffs individual claim, we express no opinion on what practical effect the default has on the request for declaratory judgment or the prayer for ancillary relief. See Crant-so…
Authorities Cited
- Terry v. Ohio, 392 U.S. 1 (U.S. 1968)
- Norman v. State, 379 So. 2d 643 (Fla. 1980)
- Gipson v. State, 537 So. 2d 1080 (Fla. 1st DCA 1989)
- Ingram v. State, 364 So. 2d 821 (Fla. 4th DCA 1978)
- State v. Raunel Ramos, 378 So. 2d 1294 (Fla. 3d DCA 1979)