MIMS
v.
STATE OF FLORIDA
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A K-9 officer arriving midway through a lawful traffic stop may command the driver to exit the vehicle for officer safety before conducting a lawful vehicle sweep.
[1] A K-9 officer arriving during a lawful traffic stop may order the driver to exit the vehicle for officer safety purposes before conducting a vehicle sweep, consistent wit…
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Join FLexlaw to unlock all legal intelligenceAppellant Mims was involved in a traffic stop in Escambia County. A K-9 officer arrived during the stop and apparently conducted a vehicle search invo…
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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 WINOKUR, 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 Tyler Kemper Payne, Assistant Public Defender, Tallahassee, for Appellant. James Uthmeier, Attorney General, and Adam B. Wilson, Assistant Attorney General, Tallahassee, for Appellee.