ROBERTO GARCIA, A/K/A, ROBERTO GONZALEZ, PETITIONER,

v.

STATE OF FLORIDA, RESPONDENT

Citator

Cited By (12 total)

• S.B. v. State, 31 So. 3d 968 (Fla. 4th DCA 2010)
  …flees must know of the officer’s intent to detain him ....” Id. (citing H.H. v. State, 775 So. 2d 397, 398 (Fla. 4th DCA 2000)) (emphasis added). Here, like the defendants in Clark v. State, 976 So. 2d 1225 (Fla. 4th DCA 2008), and Parker v. State, 18 So. 3d 555 (Fla. 1st DCA 2008), although S.B. fled upon seeing the officers, there was no command to stop by the officers at the time S.B. began to flee. Also, one of the officers testified that he did not think that S.B. even knew he was being pursued. Thus,…
• B.M. v. State, 212 So. 3d 526 (Fla. 2d DCA 2017)
  …)). “There [*529] must be some additional factor or factors, which, when combined with flight, would give rise to a reasonable suspicion that criminal activity is afoot.” State v. Lewis, 98 So. 3d 89, 92 (Fla. 4th DCA 2012) (quoting Parker v. State, 18 So. 3d 555, 558 (Fla. 1st DCA 2008)). The State contends that the USFPD detective acted within the lawful scope of her duty when she ordered B.M. to stop and that B.M.’s adjudications of delinquency must stand. We disagree. The State did not present sufficien…
• State v. Lewis, 98 So. 3d 89 (Fla. 4th DCA 2012)
  …estigate further is quite consistent with the individual’s right to go about his business or to stay put and remain silent in the face of police questioning.” Id. at 125, 120 S.Ct. 673. Following Wardlow, the first district held in Parker v. State, 18 So. 3d 555 (Fla. 1st DCA 2008): “Since Wardlow, flight has taken on a more significant role in the determination of the reasonableness of an investigatory stop. Even so, flight is still merely one factor that may be considered in such a determination and is no…

Authorities Cited

• Campbell v. Lungstrum, 732 So. 2d 437 (Fla. 1st DCA 1999)
• Daniels v. Fla. Pub. Emps. Council 79, 732 So. 2d 437 (Fla. 1st DCA 1999)