Legal Opinion · Dissent

M.D. v. State

District Court of Appeal of Florida

Decided June 28, 2011No. 1D10-3055Published

1DissentHawkes, J.

I disagree with the majority’s conclusion that the search was constitutional. This dissent will address the majority’s opinion in two sections. First, it will discuss the majority’s insistence that the school resource officer needed only reasonable suspicion to initiate the student search. Second, it will show that under the proper standard of probable cause, the search violated the Florida and United States Constitutions.

School Resource Officers Require Probable Cause To Search

The key to the majority’s decision is its finding that the school resource officer needed only reasonable suspicion…

2Cases cited21 opinions

  1. Whren v. United StatesSupreme Court of the United States · 1996
  2. Florida v. BostickSupreme Court of the United States · 1991
  3. California v. Hodari D.Supreme Court of the United States · 1991
  4. Florida v. J. L.Supreme Court of the United States · 2000
  5. Florida v. JLSupreme Court of the United States · 2000

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