Legal Opinion · Dissent

Goelet v. State

District Court of Appeal of Florida

Decided April 3, 1996No. 95-0764Published

1Dissent

SPEISER, MARK A, Associate Judge

dissenting.

I respectfully disagree with the majority’s opinion. Although Michigan v. Long, 463 U.S. 1032, 103 S.Ct. 3469, 77 L.Ed.2d 1201 (1983), extended a Terry1 protective search for weapons to the passenger compartment of a vehicle during a lawful investigatory stop based upon a “reasonable belief,” the circumstances below, including the sequential timing of the search and its purported justification, fail to sustain the action taken. See State v. Webb, 398 So.2d 820 (Fla.1981).

Prior to the search of Goelet’s automobile, Officer Garcia patted Goelet’s…

2Cases cited8 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. Michigan v. LongSupreme Court of the United States · 1983
  3. State v. WebbSupreme Court of Florida · 1981
  4. In Interest of GarDistrict Court of Appeal of Florida · 1980
  5. Shaw v. StateDistrict Court of Appeal of Florida · 1992

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