Legal Opinion
D.H. v. State
District Court of Appeal of Florida
Decided September 4, 2013No. 3D12-2520PublishedCited by 4 opinions
1Opinion of the CourtRothenberg, J.
D.H. appeals the trial court’s order denying his motion to suppress a firearm and marijuana found in his possession after a pat-down search conducted during an investigatory stop. Because there was no reasonable suspicion to believe D.H. was armed with a dangerous weapon, or probable cause for an arrest when the pat-down was conducted, we reverse and remand with directions that D.H. be discharged.
BACKGROUND
Based on several recent gang-related shootings in the Cloverleaf area of Miami Gardens, a “high crime area,” the Miami Gardens Police Department began covertly monitoring the area to…
2Cases cited21 opinions
- Terry v. OhioSupreme Court of the United States · 1968
- Illinois v. GatesSupreme Court of the United States · 1983
- Brinegar v. United StatesSupreme Court of the United States · 1949
- Ornelas v. United StatesSupreme Court of the United States · 1996
- United States v. SokolowSupreme Court of the United States · 1989
16 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- State v. J.J., a childDistrict Court of Appeal of Florida · 2014
- State v. MaxwellDistrict Court of Appeal of Florida · 2018
- Abraham v. StateDistrict Court of Appeal of Florida · 2015
- State of Florida v. Zachery Brandon LylesFlorida Third District Court of Appeal · 2026