R.E.D. v. State

I respectfully dissent. No one yells “99 police” to signal that the ice cream truck is coming. Forecasting “99 police” is meant to alert all nearby hearers of police presence, so that any illegal acts can quickly come to a close, evidence can be flushed, and law enforcement can be frustrated.

This case is on all fours with Porter v. State, 582 So.2d 41 (Fla. 4th DCA 1991), where the lookout Porter yelled out certain code words and caused suspected drug dealers to run from the scene. The police had had the area under surveillance and were hoping to have the element of surprise to their…