Legal Opinion · Dissent

Brewer v. State

District Court of Appeal of Florida

Decided January 4, 1990No. 88-1275Published

1DissentSharp, Judge

I respectfully dissent. Somewhere along the chain of events leading to Brewer’s arrest and search, the police officers no longer had any valid purpose nor reasonable suspicion to hold Brewer and his companion, Riley. Therefore, Brewer’s motion to suppress evidence obtained as a result of their illegal detention and search should have been granted pursuant to Florida’s Stop and Frisk Law. § 901.151, Fla.Stat. (1983). I cannot say exactly when the officers surpassed their lawful detention powers in this case, but a review of the facts demonstrates their powers were considerably exceeded here.

The…

2Cases cited15 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. McNamara v. StateSupreme Court of Florida · 1978
  3. State v. StevensDistrict Court of Appeal of Florida · 1978
  4. Kearse v. StateDistrict Court of Appeal of Florida · 1980
  5. G.J.P. v. StateDistrict Court of Appeal of Florida · 1985

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