Legal Opinion · Concurring in part, dissenting in part

Tedder v. State

District Court of Appeal of Florida

Decided March 7, 2008No. 2D05-3424Published

1Concurring in part, dissenting in partStringer, Judge

I concur in the reversal in section II but dissent from the affirmance in section III. As to section II, I agree with Judge Cana-dy that this court is bound by Matheson to reverse the trial court’s denial of Tedder’s motion to suppress the evidence gathered as a result of Rex’s alert. Therefore, I join in section II of Judge Canady’s opinion without further comment.

However, I dissent from section III of Judge Canady’s opinion. In my view, the encounter between Creghan and Tedder went bad before the canine officer arrived on the scene, and the trial court should have suppressed all of the…

2Cases cited10 opinions

  1. Florida v. RoyerSupreme Court of the United States · 1983
  2. Ornelas v. United StatesSupreme Court of the United States · 1996
  3. Florida v. BostickSupreme Court of the United States · 1991
  4. United States v. Martin Lewis Thompson, A/K/A Guinn Martin ChittyCourt of Appeals for the Eleventh Circuit · 1983
  5. Golphin v. StateSupreme Court of Florida · 2006

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