Legal Opinion

State v. Deaton

District Court of Appeal of Florida

Decided March 20, 2013No. 4D11-4628PublishedCited by 1 opinion

1Opinion of the CourtGross, J.

We affirm the circuit court’s order granting the defendant’s motion to suppress because the arresting officer lacked probable cause to make an arrest despite finding one loose oxycodone pill in the defendant’s pocket during a consensual search performed after a traffic stop for a parking violation.

After witnessing Wallace Deaton improperly park his car, a detective conducted a traffic stop. The detective asked Deaton for his driver’s license and confirmed it “was good.” Deaton then “consented” to a search of his person, during which the detective found one 30 mg oxy-codone pill loose in the…

2Cases cited5 opinions

  1. Blue v. StateDistrict Court of Appeal of Florida · 2003
  2. Mailly v. JenneDistrict Court of Appeal of Florida · 2004
  3. Daniel v. Village of Royal Palm BeachDistrict Court of Appeal of Florida · 2004
  4. People v. CoatesSupreme Court of Colorado · 2011
  5. State v. CaseyDistrict Court of Appeal of Florida · 2005

3Cited by1 opinion

  1. State v. VinciDistrict Court of Appeal of Florida · 2014

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