Legal Opinion · Dissent

Sanchez v. State

District Court of Appeal of Florida

Decided August 31, 2016No. 4D12-1395Published

1DissentConner, J.

I respectfully dissent from reversing the trial court for failing to grant the motion to suppress. I view the record evidence differently from the majority and give greater weight to certain facts.

I agree with the majority that the information in the BOLO was insufficient, by itself, to authorize an investigatory stop. I agree the lack of eye contact between the officer and the occupants of the vehicle was not a significant factor to consider. As the majority points out, there was no improper driving to justify a stop. But I disagree that there was no suspicious behavior, coupled with the…

2Cases cited3 opinions

  1. Holland v. StateSupreme Court of Florida · 1997
  2. Hurd v. StateDistrict Court of Appeal of Florida · 2007
  3. State of Florida v. Pharoh JemisonDistrict Court of Appeal of Florida · 2015

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