Legal Opinion

Gemmel v. State

Circuit Court for the Judicial Circuits of Florida

Decided May 18, 1989No. Case No. 87-0038AC (County Court Case No. 86-30827MM10)Published

1Opinion of the Court

OPINION OF THE COURT

ROBERT B. CARNEY, Circuit Judge.

The Appellant, Richard Gemmel, was charged with driving under the influence. The Appellant filed a Motion to Suppress the results of the roadside tests alleging that the stop of his vehicle was illegal.

On or about November 30, 1986, Davie police officer Wayne Boulier received a radio transmission of a female screaming. The officer responded to the general area where the scream was reported to have come from. At the intersection of 130th Avenue and 26th Street the officer observed the Appellant in his vehicle.

The officer made a right turn and…

2Cases cited9 opinions

  1. State v. StevensDistrict Court of Appeal of Florida · 1978
  2. Kearse v. StateDistrict Court of Appeal of Florida · 1980
  3. Cobb v. StateDistrict Court of Appeal of Florida · 1987
  4. Mosley v. StateDistrict Court of Appeal of Florida · 1988
  5. State v. CarrilloDistrict Court of Appeal of Florida · 1987

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