LARRY EMERSON LEE, III, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By

• F.E.H., JR. v. State, 28 So. 3d 213 (Fla. 4th DCA 2010)
  …ive approached appellant during a police sweep involving other officers. A police action involving a number of officers is a fact that can influence a person’s perception that he is not free to ignore an officer’s command. Thus, in Clayton v. State, 616 So. 2d 615, 616-17 (Fla. 4th DCA 1993), the presence of four officers from a narcotics task force was one factor that “communicated to [the] defendant that he was not at liberty to ignore their presence and go about his business.” Compare J.N. v. State, 778 So…
• D.G. v. State, 714 So. 2d 644 (Fla. 4th DCA 1998)
  …learly not consensual, as the officer did not approach the juveniles, nor did he ask whether they minded approaching him to answer some questions. On the contrary, he ordered them to come over to him, using words of compulsion. See Clayton v. State, 616 So. 2d 615, 616-17 (Fla. 4th DCA 1993); see also State v. M.J., 685 So. 2d 1350 (Fla. 2d DCA 1996). Appellant having been detained without a founded suspicion prior to the officer uncovering evidence of a crime, the motion to suppress must be granted. We rema…

Authorities Cited

• King Anthony Green v. State, 594 So. 2d 292 (Fla. 1992)
• Bryant v. The State, 602 So. 2d 966 (Fla. 3d DCA 1992)
• Emilio Sanchez-Basulto v. State, 601 So. 2d 1263 (Fla. 3d DCA 1992)
• Mergi v. Romana, 604 So. 2d 863 (Fla. 3d DCA 1992)
• Viniegra v. State, 604 So. 2d 863 (Fla. 3d DCA 1992)