Legal Opinion
GESTEWITZ v. State
District Court of Appeal of Florida
Decided May 26, 2010No. 4D08-3647PublishedCited by 12 opinions
1Opinion of the CourtHazouri, J.
Drew G. Gestewitz was charged with and convicted of possession of a controlled substance (Xanax) and escape. We reverse both convictions because those charges arose from conduct that took place after the police unlawfully detained Ges-tewitz for the purpose of issuing him a trespass warning.
On the eve of the 2007 Super Bowl, Gestewitz attended Sharky’s Bar & Billiards in Sebastian, Florida. After an argument between Gestewitz and a bartender, the bartender called the police. Before the police arrived, Gestewitz had moved outside the bar and was standing by the bar’s front door.
Three police…
2Cases cited8 opinions
- Wong Sun v. United StatesSupreme Court of the United States · 1963
- Slydell v. StateDistrict Court of Appeal of Florida · 2001
- Wasko v. StateSupreme Court of Florida · 1987
- State v. FriersonSupreme Court of Florida · 2006
- DeLorenzo v. StateDistrict Court of Appeal of Florida · 2006
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- D.T. v. StateDistrict Court of Appeal of Florida · 2012
- Palmer v. StateDistrict Court of Appeal of Florida · 2013
- R.J.C. v. StateDistrict Court of Appeal of Florida · 2012
- Brown v. StateDistrict Court of Appeal of Florida · 2017
- Collins v. StateDistrict Court of Appeal of Florida · 2013
7 more not listed; retrieve them via the Exa API.