HENRY FENUTA, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Moore v. State, 584 So. 2d 1122 (Fla. 4th DCA 1991)
  …is suspicion was aroused only by the fact that Moore was riding a bicycle at 2:00 a.m. and was coming from the area of the burglary. In similar cases the courts have refused to find that the officer possessed a founded suspicion. In Schaub v. State, 576 So. 2d 1361 (Fla. 2d DCA 1991) the defendant and another man were observed running through a darkened wooded area by a police officer on patrol in a high crime area at 3:00 a.m. This aroused the officer’s suspicion so he confronted the men. The court held that…
• Grant v. State, 596 So. 2d 98 (Fla. 2d DCA 1992)
  …ad no reasonable suspicion that Grant had committed, was committing, or was about to commit a crime. The fact that a person in a high crime area flees at the sight of an officer does not constitute a reasonable suspicion. See, e.g., Schaub v. State, 576 So. 2d 1361 (Fla. 2d DCA 1991) (no reasonable suspicion when person who officer knew used cocaine ran from high crime area at 3:00 a.m.); Curry v. State, 576 So. 2d 890 (Fla. 2d DCA 1991) (no reasonable suspicion when group of males in drug area dispersed at si…
• Amos Lewis Cowart v. State, 635 So. 2d 1063 (Fla. 2d DCA 1994)
  …pedal away after he saw the officers did not justify the stop. See, e.g., Grant v. State, 596 So. 2d 98 (Fla. 2d DCA 1992) (defendant’s discarding of object and fleeing upon seeing police officer did not justify investigatory stop); Schaub v. State, 576 So. 2d 1361 (Fla. 2d DCA 1991) (defendant’s running from high crime area at 3:00 a.m. did not give rise to well founded suspicion of criminal behavior); Curry v. State, 576 So. 2d 890 (Fla. 2d DCA 1991) (no reasonable suspicion when group of males in drug area…