IN THE INTEREST OF J.D., A CHILD. D.D., APPELLANT,

v.

STATE, DEPARTMENT OF CHILDREN AND FAMILIES, APPELLEE

Citator

Cited By

• Harris v. State, 790 So. 2d 1246 (Fla. 5th DCA 2001)
  …ct a pat-down search for weapons of detainees if they have a reasonable suspicion to believe that the person being detained is armed. Campuzano v. State, 771 So. 2d 1238, 1241 (Fla. 4th DCA 2000). See § 901.15(5), Fla. Stat. (2000); Howell v. State, 725 So. 2d 429, 430 (Fla. 2d DCA 1999). No such evidence is found in the record. The pat-down of Harris was done as a matter of routine practice, not based on any reasonable suspicion. But even if we were to conclude that Officer McAfee had a right to pat Harris…
• Dawson v. State, 58 So. 3d 419 (Fla. 2d DCA 2011)
  …e appellant’s clothing that would indicate the appellant was carrying a weapon. Id. For a weapons pat-down search to be valid, an officer must identify objective facts indicating that the person detained is armed and dangerous. See Howell v. State, 725 So. 2d 429, 431 (Fla. 2d DCA 1999). But here, the only justification provided by the officers was the fact that Dawson refused to comply with their requests to keep his hands out of his pockets. That fact — standing alone — was insufficient to establish reason…
• Smith v. State, 997 So. 2d 499 (Fla. 4th DCA 2008)
  …Marrero told Smith that a search was imminent, and the cocaine found at the jail was “fruit of the poisonous tree.”1 We agree. [*501] In seeking reversal, Smith relies upon Sizemore v. State, 939 So. 2d 209 (Fla. 1st DCA 2006), and Howell v. State, 725 So. 2d 429 (Fla. 2d DCA 1999). In Sizemore, the defendant was the driver of an automobile who, while returning to his vehicle after being issued a warning citation for a defective tag light, was stopped by an officer and asked whether he had “anything on his p…