WALTER M. MARTINEZ, PETITIONER,

v.

STATE OF FLORIDA, RESPONDENT

Citator

Cited By

• C.L.L. v. State, 115 So. 3d 1114 (Fla. 1st DCA 2013)
  …the emergency aid exception to the Fourth Amendment’s prohibition against unreasonable searches and seizures, and it denied the motion. Analysis A trial court’s ruling on a motion to suppress is a mixed question of law and fact. Johnson v. State, 995 So. 2d 1011, 1013 (Fla. 1st DCA 2008). The trial court’s findings of fact will be upheld if supported by competent, substantial evidence. Id. That “evidence and the reasonable inferences drawn therefrom must be viewed ‘in a light most favorable to affirming the…
• Hidelgo v. State, 25 So. 3d 95 (Fla. 3d DCA 2009)
  …ndard of review applicable to the factual findings is whether competent substantial evidence supports those findings. The standard of review applicable to the trial court’s application of the law to the factual findings is de novo. Johnson v. State, 995 So. 2d 1011, 1013 (Fla. 1st DCA 2008). We conclude that the trial court properly found that this was a legitimate traffic stop. The court agreed with the State that Hidalgo consented to the search. The United States Supreme Court has held that “[wjhen a prosec…
• Neeley v. State, 112 So. 3d 764 (Fla. 2d DCA 2013)
  …“stand by” was a detention because a reasonable person under the circumstances would not feel free to leave or to disregard the instruction. See United States v. Mendenhall, 446 U.S. 544, 554, 100 S.Ct. 1870, 64 L.Ed.2d 497 (1980); Johnson v. State, 995 So. 2d 1011, 1013-14 (Fla. 1st DCA 2008) (holding officer’s direction to car passenger to “sit tight” was detention). Additionally, Officer Hilton illegally detained Mr. Neeley after he returned to the van by instructing him to step out of the vehicle. See Popp…

Authorities Cited

• Waterhouse v. State, 792 So. 2d 1176 (Fla. 2001)