Legal Opinion

Lobo v. State

District Court of Appeal of Florida

Decided November 8, 1988No. 87-2736Published

1DissentBaskin, Judge

The total absence in the record of any articulable grounds for the police to stop defendant’s vehicle compels me to dissent. The facts before us are distinguishable from those in the authority cited by the majority. Here, the police relied on an anonymous written tip in the form of a note stating “drug sale cocaine,” listing several names, phone numbers, addresses, and the model and license number of a car. The mailing was postmarked July 2, 1987, but was not received until the week of July 13, 1987. The police drove by the named residence several times during the next three weeks, but…

Also in this document: Per curiam.

2Cases cited4 opinions

  1. Wong Sun v. United StatesSupreme Court of the United States · 1963
  2. State v. RizoDistrict Court of Appeal of Florida · 1984
  3. McClure v. StateDistrict Court of Appeal of Florida · 1978
  4. State v. ButlerDistrict Court of Appeal of Florida · 1988

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