ROBERT PORTER, PETITIONER,
v.
HON. GERALD HUBBART, ETC., ET AL., RESPONDENTS

Fla. 3d DCA | 1993-06-17
No. 93-00307
FERGUSON, COPE and GERSTEN, JJ., concur.
629 So. 2d 152 Florida District Court of Appeal, Third District (1993) Caution
Cited by 30 cases
Opinion of the Court

Prohibition denied. United States v. Felix, 503 U.S. _, 112 S.Ct. 1377, 118 L.Ed.2d 25 (1992); McIntyre v. Trickey, 975 F. 2d 437 (8th Cir.), on remand from Caspari v. McIntyre, _ U.S. _, 112 S.Ct. 1658, 118 L.Ed.2d 381 (1992); Sharpton v. Turner, 964 F. 2d 1284 (2d Cir.), cert. denied, _ U.S. _, 113 S.Ct. 494, 121 L.Ed.2d 432 (1992).

FERGUSON, COPE and GERSTEN, JJ., concur.

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Cited By (14 total)

  • State v. Daniel, 665 So. 2d 1040 (Fla. 1995)
    …t found an impermissible pretext where the officers actually had failed to cite the defendant for the minor traffic infraction in question and had followed the defendant’s vehicle for five miles or more after the infraction occurred. Hills v. State, 629 So. 2d 152, 154 n. 1 (Fla. 1st DCA 1993). Another found a pretext for an arrest prompted by the burning of trash, which without more was not a crime under the statute in question.5 The district court noted that a serious fire might warrant a stop for exigent c…
  • State v. Gandy, 766 So. 2d 1234 (Fla. 1st DCA 2000)
    …a finding of reasonable suspicion. Just as in Saadi the officers in this case did not actually observe a transfer between the black male and Gandy, but the observation of an actual exchange of money or contraband is not required. See Hills v. State, 629 So. 2d 152, 155 (Fla. 1st DCA 1993), review denied, 639 So. 2d 981 [*1237] (Fla.1994); Burnette v. State, 658 So. 2d 1170, 1171 (Fla. 2d DCA 1995). Our determination that the officers had reasonable suspicion is further strengthened by additional factors not…
  • State v. Roux, 702 So. 2d 240 (Fla. 5th DCA 1997)
    …le cause for arrest. We agree with the trial court that the agent could not have arrested Roux based on his observations and his suspicion that a drug deal was being consummated. Burnette v. State, 658 So. 2d 1170 (Fla. 2d DCA 1995); Hills v. State, 629 So. 2d 152 (Fla. 1st DCA 1993), rev. denied, 639 So. 2d 981 (Fla.1994); Shackelford v. State, 579 So. 2d 306 (Fla. 2d DCA 1991). We also agree that the agent could not detain Roux based upon these observations. Huntley v. State, 575 So. 2d 285 (Fla. 5th DCA 19…

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