Legal Opinion · Concurrence

Williams v. State

District Court of Appeal of Florida

Decided November 20, 2013No. 4D12-2964Published

1ConcurrenceTaylor, J.

I concur in the majority decision to uphold the denial of the defendant’s motion to suppress, but not because I agree that the officer had a founded suspicion to stop Williams for interference with his criminal investigation. Founded suspicion requires more than a “hunch” or a “bare” suspicion to validate the stop. See Terry v. Ohio, 392 U.S. 1, 27, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968); Kearse v. State, 384 So.2d 272, 274 (Fla. 4th DCA 1980); § 901.151(2), Fla. Stat. (2010). Here, the mere fact that Williams walked up to the driver in a *647parked vehicle and then quickly backed way with a…

2Cases cited6 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. California v. Hodari D.Supreme Court of the United States · 1991
  3. Kearse v. StateDistrict Court of Appeal of Florida · 1980
  4. Johnson v. StateDistrict Court of Appeal of Florida · 1994
  5. State v. WoodsDistrict Court of Appeal of Florida · 1996

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