Public-domain · open source
OpenJurist

675 So. 2d 1049

Docket No. 95-1381.

Petrel v. State

Sharon PETREL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida · decided 1996-07-03

Cited by 11 later decisions — most recently January 2008

11 state decisions

Key passage — most relied on by later courts

“officer's reasons for a stop are immaterial and that stop is reasonable when the officer had probable cause to believe that a traffic violation occurred.”

quoted by 1 later decision, including 971 So. 2d 968 - State v. Young

“test . . . is whether an officer could have stopped the vehicle for a traffic infraction.”

quoted by 1 later decision, including 971 So. 2d 968 - State v. Young

Relies on Whren v. United States · State v. Daniel

Good law ✅— No negative treatment on recordhow we know

Decided 1996-07-03

View the full empirical analysis of this case →

¶1Richard L. Jorandby, Public Defender, and David McPherrin, Assistant Public Defender, West Palm Beach, for appellant.

¶2Robert A. Butterworth, Attorney General, Tallahassee and Elliot B. Kula, Assistant Attorney *1050 General, West Palm Beach, for appellee.

¶3PER CURIAM.

¶4Appellant challenges the trial court's order denying her motion to suppress evidence. She claims that the stop of her vehicle, which ultimately led to the seizure of evidence, was a pretextual stop.[1] Recently in State v. Daniel,665 So.2d 1040 (Fla.1995), our supreme court held that in determining whether a stop for a minor traffic violation which results in the seizure of evidence was impermissible under the Fourth Amendment, the proper analysis was whether a reasonable officer following usual police practices would have stopped the vehicle for the traffic infraction. However, more recently, the United States Supreme Court has held that under the Fourth Amendment an officer's reasons for a stop are immaterial and that stop is reasonable when the officer had probable cause to believe that a traffic violation occurred. Thus, the test adopted by the United States Supreme Court is whether an officer could have stopped the vehicle for a traffic infraction. See Whren v. United States, ___ U.S. ___, 116 S.Ct. 1769, 135 L.Ed.2d 89 (1996). As we are constitutionally directed to construe the Fourth Amendment consistent with United States Supreme Court rulings, see Article I, Section 12, Florida Constitution, we affirm appellant's conviction and sentence.

¶5Affirmed.

¶6WARNER, FARMER and SHAHOOD, JJ., concur.

NOTES

¶7[1] After appellant was stopped, she was arrested for driving with a suspended license.

/675/so2d/1049 · .json · Public domain