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964 So. 2d 722

Wallace v. State

District Court of Appeal of Florida · decided 2007-07-27

Cited by 2 later decisions — most recently October 2018

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 2007-07-27

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LaROSE, Judge,

¶1Concurring.

¶2I concur in Judge Wallace’s analysis and ultimate conclusion. Based solely on Mr. Ike-Onyechi’s uncorroborated accusations, law enforcement officers subjected Dwain Wallace to an investigatory stop. Given the situation in which he found himself, Mr. Ike-Onyechi was motivated to exculpate — and in fact tried to exculpate — himself from the crimes under investigation.

¶3The cases cited establish that Mr. Ike-Onyechi’s information was insufficient to detain Mr. Wallace. Nevertheless, the officers believed that Mr. Wallace had committed a crime. Mr. Ike-Onyechi’s tip, however, gave the officers no more than a mere suspicion of criminal conduct by Mr. Wallace. More was needed to support Mr. Wallace’s detention.

¶4In reviewing the record, I am struck by the several readily-available opportunities the officers had at the scene to verify Mr. Ike-Onyechi’s tip. I am forced to wonder whether a brief, minimally intrusive citizen encounter with Mr. Wallace would have yielded information sufficient to bolster Mr. Ike-Onyechi’s accusations.

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