DAVIS
v.
STATE OF FLORIDA
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A K-9 officer may lawfully command a driver to exit the vehicle midway through a lawful traffic stop for officer safety before conducting a lawful vehicle sweep.
[1] A K-9 officer may lawfully command a driver to exit a vehicle during a lawful traffic stop for officer safety purposes before conducting a lawful vehicle sweep, consisten…
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Creller precedent cited in the Court's decision
Dexter Reginald Davis appealed a Circuit Court decision regarding a traffic stop in Leon County where law enforcement exercised vehicle-exit authority…
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PER CURIAM.
AFFIRMED. See State v. Creller, 386 So. 3d 487, 495 (Fla. 2024) (holding that the Fourth Amendment allows a K-9 officer arriving midway through a lawful traffic stop to command the driver to exit the vehicle for officer safety before conducting a lawful vehicle sweep). OSTERHAUS, C.J., and M.K. THOMAS and LONG, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________ Jessica J. Yeary, Public Defender, and Kasey Lacey, Assistant Public Defender, Tallahassee, for Appellant Ashley Moody, Attorney General, and Kristie Regan, Assistant Attorney General, Tallahassee, for Appellee.
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Cited By
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Jones v. State (Fla. 1st DCA 2024)
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Mims v. State (Fla. 1st DCA 2025)…IMS, Appellant, v. STATE OF FLORIDA, Appellee. _____________________________ On appeal from the Circuit Court for Escambia County. Coleman L. Robinson, Judge. March 19, 2025 PER CURIAM. AFFIRMED. See State v. Creller, 386 So. 3d 487, 495 (Fla. 2024) (holding that the Fourth Amendment allows a K-9 officer arriving midway through a lawful traffic stop to command the driver to exit the vehicle for officer safety before conducting a lawful vehicle sweep). LEWIS, BILBREY, and…
Authorities Cited
- State v. Creller, 386 So. 3d 487 (Fla. 2024)