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424 So. 2d 80

Docket Nos. 81-2661, 81-2663.

Bascoy v. State

Manuel BASCOY and Angel Sotolongo, Appellants, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided December 14, 1982.

Rehearing Denied January 21, 1983.

District Court of Appeal of Florida · decided 1982-12-14

Cited by 11 later decisions — most recently November 1992

11 state decisions

Key passage — most relied on by later courts

“[w]here the defendants were stopped by an officer for minor traffic infractions of such a nature that any citizen committing them could have routinely been stopped, that the officer `possibly' would not have stopped defendants but for further suspicion that they were also engaged in criminal activity did not render it an unlawful `pretext' stop.”

quoted by 1 later decision, including 498 So. 2d 560 - State v. Kehoe

“of a nature for which any citizen would have been arrested.”

quoted by 1 later decision, including 515 So. 2d 1343 - Wilhelm v. State

Relies on State v. Holmes · Holmes v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1982-12-14

View the full empirical analysis of this case →

¶1Pollack, Komorowski & Headley and John Lipinski, Miami, for appellants.

¶2Jim Smith, Atty. Gen. and Charles A. Stampelos and William Thomas, Asst. Attys. Gen., for appellee.

¶3Before HUBBART, C.J., and BASKIN and FERGUSON, JJ.

¶4PER CURIAM.

¶5Where the defendants were stopped by an officer for minor traffic infractions of such a nature that any citizen committing them could have routinely been stopped, that the officer "possibly" would not have stopped defendants but for further suspicion that they were also engaged in criminal activity did not render it an unlawful "pretext" stop. See State v. Holmes,256 So.2d 32 (Fla. 2d DCA 1972), writ discharged on different issue, 273 So.2d 753 (Fla. 1973) (where defendant was observed by an officer to have committed an offense of a nature for which any citizen would have been arrested, the arrest for the traffic offense was not a "pretext" though officer also suspected that defendant was a robber). The other issues raised as error are without merit.

¶6Affirmed.

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