Legal Opinion

Edwin Aguiar v. State

District Court of Appeal of Florida

Decided April 1, 2016No. 5D15-1627PublishedCited by 7 opinions

1Opinion of the CourtLawson, C.J.

Edwin Aguiar appeals his convictions and sentences on charges of possession of cocaine, attempted tampering with physical evidence and possession of drug paraphernalia, to which he pled nolo contendré, reserving the right to challenge the denial of his dispositive motion to suppress. 1 We affirm, and write to consider whether a police officer may, as a matter of course, detain a passenger who attempts to leave the scene of a lawful traffic stop without violating the passenger’s Fourth Amendment rights. See Amends. IV, XIV, U.S. Const, (protecting the “right of the people to be secure in their…

2Cases cited22 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. United States v. MendenhallSupreme Court of the United States · 1980
  3. Adams v. WilliamsSupreme Court of the United States · 1972
  4. Berkemer v. McCartySupreme Court of the United States · 1984
  5. Florida v. BostickSupreme Court of the United States · 1991

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3Cited by7 opinions

  1. Gregory Presley v. State of FloridaSupreme Court of Florida · 2017
  2. Presley v. StateDistrict Court of Appeal of Florida · 2016
  3. Lopez v. StateDistrict Court of Appeal of Florida · 2017
  4. Catherine Montgomery v. the State of FloridaDistrict Court of Appeal of Florida · 2025
  5. Cherfils v. State of FloridaDistrict Court of Appeal of Florida · 2025

2 more not listed; retrieve them via the Exa API.

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