(Doc. Please try again. Some--not all--decisions from the Florida Circuit Courts and County Courts (trial-level courts) are available in the following print resources: Decisions from the Florida Supreme Court and the five District Courts of Appeal can be found in the following print resources: If you have a case citation, such as 594 So. The facts, viewed in the light most favorable to the Plaintiff, do not involve a claim that Plaintiff had committed, was committing, or was about to commit a crime. The officer returned to his vehicle a second time to run a records check on the passenger and, at that time, he requested a second officer. Further, the Court ruled that fleeing from police may be suspicious enough in . Twilegar v. State, 42 So. In his complaint, Plaintiff has alleged facts showing that Deputy Dunn lacked probable cause to arrest him for obstruction without violence. This Court is bound by the precedent of the United States Supreme Court when interpreting the Fourth Amendment to the United States Constitution. 3d 1085, 1091-92 (M.D. . A CONFLICT EXISTS IN THIS CASE WITH THE DECISION OF THE SECOND DISTRICT COURT OF APPEAL IN NULPH V. STATE, 838 SO. Presley filed a motion to suppress his statements and all evidence seized on the basis that he was illegally detained during the traffic stop. June 5, 2018. 2D 1244 (FLA. 2D DCA 2003), SINCE "[A] motion to dismiss should concern only the complaint's legal sufficiency, and is not a procedure for resolving factual questions or addressing the merits of the case." The risk of harm to both the police and the occupants is minimized if the officers routinely exercise unquestioned command of the situation. United States v. Robinson, 414 U.S. 218, 234 (1973). 2550 SW 76th St #150. Answer (1 of 2): Florida law does not require anyone to either carry or display ID documents merely because they are in public. . In fashioning this rule, we invoked our earlier statement that [t]he risk of harm to both the police and the occupants is minimized if the officers routinely exercise unquestioned command of the situation. Wilson, [519 U.S.] at 414 (quoting Michigan v. Summers, 452 U.S. 692, 702-703 (1981)). 2d 1123, 1125 (Fla. 1995) (This Court is bound, on search and seizure issues, to follow the opinions of the United States Supreme Court regardless of whether the claim of an illegal arrest or search is predicated upon the provisions of the Florida or United States Constitutions.). Contains all published U.S. court decisions, both federal and state, from 1658 through June 2018. Wilson, 519 U.S. 408 (1997) SCOTUS ruled that an officer may direct passengers to exit the vehicle during a lawful traffic stop. 3d 1320, 1332-33 (S.D. Yes. https://guides.law.ufl.edu/floridacaselaw, Contact the Office of Career and Professional Development, University of Florida Legal Information Center, https://guides.law.ufl.edu/floridacaselaw/validating, CONSUMER INFORMATION (ABA REQUIRED DISCLOSURES). 1994)). See Presley, 204 So. 1996). As a result, the Supreme Court stated, The question which Maryland wishes answered is not presented by this case, and we express no opinion upon it. Id.

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