Legal Opinion

T.M. v. State

District Court of Appeal of Florida

Decided June 9, 2010No. 4D09-1629PublishedCited by 2 opinions

1Opinion of the CourtHazouri, J.

T.M., a child, was adjudicated delinquent for possession of cannabis less than twenty grams. T.M. appeals the trial court’s denial of his motion to suppress, which is dis-positive. The discovery of the cannabis was the result of a pat-down, which T.M. contends was without his consent and illegal. “Officer safety” was the basis upon which the trial court found the pat-down to be justified. We agree that the pat-down *385was unwarranted and illegal, as there were no facts or circumstances warranting the pat-down for officer safety. We therefore reverse the trial court’s denial of the motion to…

2Cases cited3 opinions

  1. Ray v. StateDistrict Court of Appeal of Florida · 2003
  2. DeLorenzo v. StateDistrict Court of Appeal of Florida · 2006
  3. L.D. v. StateDistrict Court of Appeal of Florida · 2000

3Cited by2 opinions

  1. Jarmen Shontane Mccray v. State of FloridaDistrict Court of Appeal of Florida · 2015
  2. TM v. StateDistrict Court of Appeal of Florida · 2010

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