ANDRE SEARS, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Wade v. State, 589 So. 2d 322 (Fla. 1st DCA 1991)
  …ing the physical evidence disclosed by appellant’s deliberate act of throwing the bottle to the ground before he was physically searched by the officers. E.g. California v. Hodari D., — U.S. —, 111 S.Ct. 1547, 113 L.Ed.2d 690 (1991); Sears v. State, 585 So. 2d 1020 (Fla. 5th DCA 1991); Curry v. State, 570 So. 2d 1071 (Fla. 5th DCA 1990); State v. Oliver, 368 So. 2d 1331 (Fla. 3d DCA 1979), cert. dismissed, 383 So. 2d 1200 (Fla.1980). Contra State v. Fortunato, 581 So. 2d 651 (Fla. 4th DCA 1991); Anderson v. St…
• Poole v. State, 639 So. 2d 96 (Fla. 5th DCA 1994)
  …r’s observation in a detained person’s clothing of an unusual or large bulge which the officer believes might be a weapon has been deemed sufficient to uphold a pat-down search. See Williams v. State, 492 So. 2d 1051, 1064 (Fla.1986); T.P. v. State, 585 So. 2d 1020, 1021 (Fla. 5th DCA 1991). See also Pennsylvania v. Mimms, 434 U.S. 106, 111-12, 98 S.Ct. 330, 333-34, 54 L.Ed.2d 331 (1977); State v. Callaway, 582 So. 2d 745, 745-46 (Fla. 2d DCA 1991). Here, the officers had authority to stop Poole because, base…

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• Dobson v. State, 737 So. 2d 590 (Fla. 4th DCA 1999)
  …saw the tube that it wasn’t a weapon, but he opened the tube anyway because he knew that it was a common carrier for cocaine. He also testified that he had seen oval pocketknives. The trial court denied the motion to suppress based on T.P. v. State, 585 So. 2d 1020 (Fla. 5th DCA 1991).2 I agree with Judge Griffin’s dissent in T.P. Judge Griffin notes that section 901.151(5) requires an officer to have probable cause to believe that a person temporarily detained is armed with a dangerous weapon and is therefor…

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Authorities Cited

• California v. Hodari D., 499 U.S. 621 (U.S. 1991)
• State v. Oliver, 368 So. 2d 1331 (Fla. 3d DCA 1979)
• Curry v. State, 570 So. 2d 1071 (Fla. 5th DCA 1990)