State v. Herron
District Court of Appeal of Florida
1Concurrence
*332SCHWARTZ, Senior Judge
(specially concurring).
In concurring, I have not overlooked D.N. v. State, 805 So.2d 63 (Fla. 3d DCA 2002), review denied, 819 So.2d 134 (Fla. 2002), in which we held that a police officer conducting a valid traffic stop could properly order a passenger to exit the vehicle and to place his hands where the officer could see them. While the facts of D.N. are certainly close to these, I think they are, nonetheless, decisively distinguishable. This is because the “hand-order” was not only de minimis but was incidental to, and an integral part of, the defendant’s response to…
2Cases cited3 opinions
- Pennsylvania v. MimmsSupreme Court of the United States · 1977
- D.N. v. StateDistrict Court of Appeal of Florida · 2002
- Davis v. StateDistrict Court of Appeal of Florida · 2011