DOUGLAS EHMKE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
DOUGLAS EHMKE, APPELLANT,
STATE OF FLORIDA, APPELLEE
86 So. 3d 591
Florida District Court of Appeal, Fifth District (2012)
Positive Treatment
Cited by 2 cases
Opinion of the Court
AFFIRMED. See Melton v. State, 75 So.2d 291, 294 (Fla.1954) (explaining the “elements” of an arrest); see also State v. K.N., 66 So.3d 380, 385 (Fla. 5th DCA 2011) (“[An] officer may detain [an] individual ... with handcuffs for the officer’s *592safety without converting [a] Terry stop into a formal arrest.”).
SAWAYA, LAWSON and EVANDER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Jahquell Davis v. State, 253 So. 3d 1234 (Fla. 5th DCA 2018)…384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966). Although Melton was decided in 1954, it remains the benchmark for defining "arrest" and has been repeatedly cited for that purpose, including as recently as 2012 by our court. See Ehmke v. State , 86 So. 3d 591, 591 (Fla. 5th DCA 2012). The trial court stated that Lail had been placed in a holding cell and handcuffed, while the court of appeal simply stated that there was no evidence that Lail was ever handcuffed. Lail , 687 So. 2d at 875. See Griffin v.…
Authorities Cited
- Griffin v. State, 474 So. 2d 777 (Fla. 1985)
- Melton v. State, 75 So. 2d 291 (Fla. 1954)
- State v. K.N., 66 So. 3d 380 (Fla. 5th DCA 2011)