Legal Opinion
Sowerby v. State
District Court of Appeal of Florida
Decided October 28, 2011No. 5D11-1132PublishedCited by 3 opinions
1Opinion of the CourtMonaco, J.
The appellant, Alan Sowerby, appeals the judgment and sentence associated with his conviction for driving while his license was permanently revoked. Because the stop of Mr. Sowerby’s vehicle was violative of the Fourth Amendment to the United States Constitution, we reverse.
The premise underscoring the analysis of this case rests on the principle that the stopping of an automobile by a law enforcement officer constitutes a seizure and detention and is governed by the Fourth Amendment to the United States Constitution. See Delaware v. Prouse, 440 U.S. 648, 99 S.Ct. 1391, 59 L.Ed.2d 660 (1979);…
2Cases cited9 opinions
- Florida v. RoyerSupreme Court of the United States · 1983
- Whren v. United StatesSupreme Court of the United States · 1996
- Delaware v. ProuseSupreme Court of the United States · 1979
- State v. JonesSupreme Court of Florida · 1986
- State v. DiazSupreme Court of Florida · 2003
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3Cited by3 opinions
- Nichole Vangansbeke v. StateDistrict Court of Appeal of Florida · 2017
- Mendez-Jorge v. StateDistrict Court of Appeal of Florida · 2014
- Nichole Vangansbeke v. StateDistrict Court of Appeal of Florida · 2017