Legal Opinion
FEH, JR. v. State
District Court of Appeal of Florida
Decided February 24, 2010No. 4D09-740PublishedCited by 7 opinions
1Opinion of the CourtGross, C.J.
We reverse the circuit court’s finding that an interaction between appellant and a detective was a consensual encounter because, under the circumstances, a reasonable person would not have believed that he was free to disregard the order of a detective and leave the area. The stop and subsequent search therefore violated the Fourth Amendment.
Late one night a detective saw two males standing in the corner of the open parking lot of a closed daycare center. One of them was the 16 year old appellant. The detective got out of his car to investigate why the pair was on the property. At the same…
2Cases cited17 opinions
- United States v. MendenhallSupreme Court of the United States · 1980
- Michigan v. ChesternutSupreme Court of the United States · 1988
- Popple v. StateSupreme Court of Florida · 1993
- Smith v. StateDistrict Court of Appeal of Florida · 2000
- Johnson v. StateDistrict Court of Appeal of Florida · 2001
12 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- D.T. v. StateDistrict Court of Appeal of Florida · 2012
- D.J.D., a child v. StateDistrict Court of Appeal of Florida · 2014
- State v. SarriaDistrict Court of Appeal of Florida · 2012
- Musallam v. StateDistrict Court of Appeal of Florida · 2014
- State v. AlbertDistrict Court of Appeal of Florida · 2016
2 more not listed; retrieve them via the Exa API.