Legal Opinion · Dissent

State v. Jordan C. Beans

District Court of Appeal of Florida

Decided March 31, 2017No. Case 5D16-647Published

1DissentBerger, J.

This case involves the suppression of a firearm, found in plain view, during a police encounter in the drive-thru lane at a fast-food restaurant. The trial court suppressed the firearm after concluding the officers had unlawfully detained Appellee. In my view, this conclusion is not supported by the evidence. Accordingly, I dissent.

There are three types of police/citizen encounters: (1) consensual encounters; (2) investigatory stops; and (3) arrests. State v. Bullock, 164 So.3d 701, 704 (Fla. 5th DCA 2015) (citing Popple v. State, 626 So.2d 185, 186 (Fla. 1993)). In a consensual encounter, a…

2Cases cited10 opinions

  1. Popple v. StateSupreme Court of Florida · 1993
  2. Lightbourne v. StateSupreme Court of Florida · 1983
  3. Caldwell v. StateSupreme Court of Florida · 2010
  4. State v. SimonsDistrict Court of Appeal of Florida · 1989
  5. Blake v. StateDistrict Court of Appeal of Florida · 2006

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