333 SO2D 503 - Coleman v. State

How this case has been cited

Cited by 23 later decisions — most recently July 2013

22 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

¶1Joe M. Mitchell, Jr., Melbourne, and L.B. Vocelle, Vero Beach, for appellant.

¶2Robert L. Shevin, Atty. Gen., Tallahassee, and Marsha G. Madorsky, Asst. Atty. Gen., West Palm Beach, for appellee.

¶3WALDEN, Chief Judge.

¶4Defendant pleaded nolo contendere to possession of marijuana, reserving his right to appeal the denial of his motion to dismiss. We reverse.

¶5The Stop and Frisk Statute, Fla. Stat. § 901.151(2) (1975), provides there must be circumstances which reasonably indicate to the policeman that a person has committed, is committing, or is going to commit a crime. We carefully have reviewed the record on appeal and the testimony and, based thereon, we hold the facts surrounding the defendant's detention merely constitute bare suspicion and, therefore, are insufficient to support a stop and frisk, Stanley v. State,327 So.2d 243 (Fla.App., 2d 1976); Richardson v. State,291 So.2d 253 (Fla.App., 1st 1974).

¶6We reverse the trial court's order denying defendant's motion to suppress and remand for proceedings consistent herewith.

¶7REVERSED AND REMANDED.

¶8CROSS, J., and SCHWARTZ, ALAN R., Associate Judge, concur.