MITCHELL I. BROWN, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Watts v. State, 788 So. 2d 1040 (Fla. 2d DCA 2001)
  …There was no seizure in the instant case. The officers were not required to have objective justification, or reasonable suspicion, before requesting consent to search. Id. at 1051 (citations omitted). However, in 2000, we issued McElwain v. State, 777 So. 2d 987 (Fla. 2d DCA 2000), in which we held that where the officers lacked a founded suspicion of criminal activity and had no reason to believe that the defendant was armed, the officers were not justified in conducting a pat-down search of the defendant,…
• State v. Carson, 801 So. 2d 165 (Fla. 2d DCA 2001)
  …DANAHY, PAUL W., Senior Judge. In this appeal, the State seeks reversal of the trial court’s order granting Johnny Carson’s motion to suppress. The State points out that McElwain v. State, 777 So. 2d 987 (Fla. 2d DCA 2000), review denied, 786 So. 2d 1189 (Fla.2001), on which the trial court relied in granting the motion, has been receded from in Watts v. State, 788 So. 2d 1040 (Fla. 2d DCA 2001). We reverse on the basis of Watts. At the motion to s…
• State v. Rivera, 813 So. 2d 233 (Fla. 2d DCA 2002)
  …by fear of the police or acquiescence to their authority. Shortly thereafter, however, the defendant’s attorney filed a motion for reconsideration, urging that the court reverse its decision on the basis of this court’s rulings in McElwain v. State, 777 So. 2d 987 (Fla. 2d DCA 2000), and Cubby v. State, 707 So. 2d 351 (Fla. 2d DCA 1998), which held that officers without a founded suspicion of criminal activity are not justified in conducting a patdown of a suspect, even if the suspect consents to the search.…

Authorities Cited

• Smith v. State, 761 So. 2d 419 (Fla. 2d DCA 2000)