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550 So. 2d 562

Docket No. 89-0782.

Canion v. State

Billie CANION, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided November 1, 1989.

District Court of Appeal of Florida · decided 1989-11-01

Key passage — most relied on by later courts

“What began as a “mere encounter” between the deputy sheriff and appellant escalated to a temporary detention when the deputy demanded that appellant remove his hand from his pocket. See State v. Oliver, 368 So.2d 1331 (Fla. 3d DCA 1979), cert. denied, 383 So.2d 1200 (Fla.1980).”

quoted by 2 later decisions, including R.J.C. v. State, 627 So. 2d 583 - Harrison v. State

Relies on Wong Sun v. United States · 383 So. 2d 1186 - Beugnet v. Beugnet · 368 So. 2d 1331 - State v. Oliver

Good law ✅— No negative treatment on recordhow we know

Decided 1989-11-01

How this case has been cited

Cited by 5 later decisions — most recently April 2012

5 state decisions

301989199020002010decided

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.

View the full empirical analysis of this case →

¶1Richard L. Jorandby, Public Defender and Tanja Ostapoff, Asst. Public Defender, West Palm Beach, for appellant.

¶2Robert A. Butterworth, Atty. Gen., Tallahassee, and Miles Ferris, Asst. Atty. Gen., West Palm Beach, for appellee.

¶3PER CURIAM.

¶4We reverse appellant's conviction and sentence on the basis that the court erred in denying the motion to suppress evidence. What began as a "mere encounter" between the deputy sheriff and appellant escalated to a temporary detention when the deputy demanded that appellant remove his hand from his pocket. See State v. Oliver,368 So.2d 1331 (Fla. 3d DCA 1979), cert. denied,383 So.2d 1200 (Fla. 1980). This being done without founded suspicion, see*563Ruddack v. State,537 So.2d 701 (Fla. 4th DCA 1989); R.B. v. State,429 So.2d 815 (Fla. 2d DCA 1983), the evidence seized as a result of this unlawful detention was inadmissible. Wong Sun v. United States,371 U.S. 471, 83 S.Ct. 407, 9 L.Ed.2d 441 (1963).

¶5Reversed and remanded with instructions to discharge appellant.

¶6ANSTEAD, GLICKSTEIN and WARNER, JJ., concur.

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