ANIBAL PENA JIMENEZ, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
ANIBAL PENA JIMENEZ, APPELLANT,
STATE OF FLORIDA, APPELLEE
874 So. 2d 45
Florida District Court of Appeal, Fifth District (2004)
Caution
Cited by 5 cases
Opinion of the Court
PER CURIAM.
AFFIRMED. See Dormezil v. State, 754 So. 2d 168 (Fla. 5th DCA 2000); Sands v. State, 753 So. 2d 630 (Fla. 5th DCA), rev. denied, 773 So. 2d 56 (Fla.2000), cert. denied, 531 U.S. 1178, 121 S.Ct. 1155, 148 L.Ed.2d 1016 (2001); Diaz v. State, 627 So. 2d 125 (Fla. 5th DCA 1993).
SAWAYA, C.J., SHARP, W., and TORPY, JJ., concur.
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Blake v. State, 939 So. 2d 192 (Fla. 5th DCA 2006)…as not the functional equivalent of a stop). In some instances, however, if a spotlight or flashlight is utilized in conjunction with other actions by an officer, a consensual encounter may convert into an investigatory stop. See Williams v. State, 874 So. 2d 45 (Fla. 4th DCA 2004) (explaining that a reasonable person would not feel free to leave under circumstances where an officer shines a flashlight in his or her face, approaches with his hand on his weapon, and directs him or her to stand); State v. New…
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State v. Goodwin, 36 So. 3d 925 (Fla. 4th DCA 2010)…vehicle and shining flashlight inside was not functional equivalent of a stop). Like these courts, we find that the initial encounter in this case was consensual as well. This case is distinguishable from our previous holding in Williams v. State, 874 So. 2d 45 (Fla. 4th DCA 2004). There, we found that “a reasonable person would not feel free to end [an] encounter and to leave under circumstances where an officer shines a flashlight in his or her face, approaches with his hand on his weapon, and directs hi…
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Smith v. State, 925 So. 2d 465 (Fla. 4th DCA 2006)…ed in section 901.151(5), probable cause means reasonable belief or suspicion. Id. at 824-25. Therefore, if the officer develops a reasonable suspicion that the suspect is armed and dangerous, then a weapons pat-down is justified. Williams v. State, 874 So. 2d 45, 47 (Fla. 4th DCA2004). Appellant contends that the pat-down was unconstitutional because the deputy did not have any particularized information that the appellant was armed and dangerous. We disagree. In this case, appellant was armed with a stick…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Sands v. State, 753 So. 2d 630 (Fla. 5th DCA 2000)
- Dormezil v. State, 754 So. 2d 168 (Fla. 5th DCA 2000)
- Diaz v. State, 627 So. 2d 125 (Fla. 5th DCA 1993)
- Lampkin v. United States, 531 U.S. 1178 (U.S. 2001)
- Bastidas-Nunez v. United States, 531 U.S. 1178 (U.S. 2001)