Legal Opinion · Dissent

Campbell v. State

District Court of Appeal of Florida

Decided September 13, 1995No. 93-3340Published

1DissentVan Nortwick, Judge

Because I conclude that the stop of Campbell at the “police traffic safety stop” was an unreasonable search and seizure under federal and state constitutional law, I must respectfully dissent.

The pivotal issue in this case is whether the “police traffic safety stop,” a roadblock, is constitutionally valid under the Fourth Amendment of the United States Constitution.2 As the majority opinion recognizes, a Fourth Amendment “seizure” occurs when a vehicle is stopped at a roadblock. United States v. Martinez-Fuerte, 428 U.S. 543, 556, 96 S.Ct. 3074, 3082, 49 L.Ed.2d 1116 (1976) (“It is agreed…

2Cases cited19 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. Brinegar v. United StatesSupreme Court of the United States · 1949
  3. Delaware v. ProuseSupreme Court of the United States · 1979
  4. Brown v. TexasSupreme Court of the United States · 1979
  5. United States v. Martinez-FuerteSupreme Court of the United States · 1976

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