D.S., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
D.S., A CHILD, APPELLANT,
STATE OF FLORIDA, APPELLEE
727 So. 2d 280
Florida District Court of Appeal, Second District (1999)
Caution
Cited by 21 cases
Opinion of the Court
WHATLEY, Judge.
D.S. appeals the order adjudicating her delinquent for the offense of battery and placing her on an indeterminate term of community control. We affirm her adjudication of delinquency but remand for modification of the community control sanction to reflect a term of no longer than one year, the maximum adult sentence for battery. See A.C. v. State, 688 So. 2d 1004 (Fla. 2d DCA 1997).
Affirmed but remanded for modification.
PARKER, C.J., and DANAHY, PAUL W., Senior Judge, Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (11 total)
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State v. J.D., 796 So. 2d 1217 (Fla. 4th DCA 2001)…790 So. 2d 1246, 1249 (Fla. 5th DCA 2001)(seizure of film canister containing cocaine from defendant’s front pocket not justified by plain feel doctrine where officer had nothing but mere suspicion that object he felt was contraband); Cole v. State, 727 So. 2d 280 (Fla. 2d DCA 1999)(seizure of crack pipe from defendant’s pants during pat-down search exceeded scope of weapons pat-down where officer never testified that it was immediately apparent to him upon feeling pipe that it was contraband); Howard v. Stat…
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Harris v. State, 790 So. 2d 1246 (Fla. 5th DCA 2001)…v. State, 664 So. 2d 272, 273 (Fla. 5th DCA 1995); see also Doctor v. State, 596 So. 2d 442 (Fla.1992). However, probable cause does not arise any time an officer feels an object that the officer reasonably suspects to be contraband. Cole v. State, 727 So. 2d 280 (Fla. 2d DCA 1999). Rather, the officer must be reasonably certain it is contraband. See State v. Bellamy, 723 So. 2d 402, 404 (Fla. 5th DCA 1999). Officer McAfee’s testimony fell short of this standard when he said: “it was unclear what it was but…
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Rodriguez v. State, 807 So. 2d 130 (Fla. 2d DCA 2002)…you know, little baggies.... I just patted several times to see what I was feeling and that’s where I came to the conclusion that it was small packets, baggies .... ” He later admitted he was not sure that what he felt was drugs. See Cole v. State, 727 So. 2d 280, 218 (Fla. 2d DCA 1999) (reversing denial of motion to suppress based on “plain feel doctrine” when officer did not testify that it was immediately apparent to him that the objects he felt were drugs). Moreover, the deputy did not have extensive ex…
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- A.C. v. State, 688 So. 2d 1004 (Fla. 2d DCA 1997)