Legal Opinion
Ballenger v. State
District Court of Appeal of Florida
Decided September 9, 2009No. 2D08-3934PublishedCited by 1 opinion
1Opinion of the Court
CASANUEVA, Chief Judge.
Debra Ballenger appeals her convictions for possession of illegal drugs and drug paraphernalia, asserting that the trial judge erred in denying her dispositive motion to suppress evidence seized during the traffic stop of the vehicle she was operating. Because we conclude that the search violated the Fourth Amendment to the Constitution of the United States as well as article I, section 12, of the Constitution of the State of Florida, we reverse.
Facts
On December 11, 2007, a Lee County deputy sheriff stopped Ms. Ballenger and her passenger for failing to stop at a stop…
2Cases cited10 opinions
- Terry v. OhioSupreme Court of the United States · 1968
- Florida v. RoyerSupreme Court of the United States · 1983
- Whren v. United StatesSupreme Court of the United States · 1996
- Arizona v. GantSupreme Court of the United States · 2009
- Norman v. StateSupreme Court of Florida · 1980
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3Cited by1 opinion
- TRUMAINE MOODY v. STATE OF FLORIDADistrict Court of Appeal of Florida · 2018