Legal Opinion · Dissent

Woodson v. State

District Court of Appeal of Florida

Decided May 16, 1991No. 90-1331Published

1DissentCobb, Judge

I respectfully dissent. Here, the conduct which eventually gave rise to the probable cause for arrest constituted a permissible police encounter, not an unlawful stop.

In Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968), the United States Supreme Court noted that “there is nothing in the constitution which prevents a policeman from addressing questions to anyone on the street.” This is especially true if officers are responding to a call and are not acting on their own as in “roving patrol” cases. This means that there is a distinction between an intrusion by police amounting to…

2Cases cited18 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. Florida v. RoyerSupreme Court of the United States · 1983
  3. United States v. MendenhallSupreme Court of the United States · 1980
  4. Lightbourne v. StateSupreme Court of Florida · 1983
  5. Medina v. StateSupreme Court of Florida · 1985

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