D.A.H. v. State

I respectfully dissent. Because I conclude the facts presented by the State did not rise to the level of probable cause pursuant to Walker v. State, 636 So.2d 583 (Fla. 2d DCA 1994), I would hold that the trial court erred in denying D.AH.’s motion to suppress. Moreover, applying the factors identified in Revels v. State, 666 So.2d 213, 216-217 (Fla. 2d DCA 1995), upon which the majority relies, to the totality of the facts and circumstances presented herein, I believe results in the identical determination.

*196The majority has concluded the officer’s observations of D.A.H.’s three prior…