Legal Opinion

D.L.J. v. State

District Court of Appeal of Florida

Decided June 16, 2006No. 2D05-673PublishedCited by 6 opinions

1Opinion of the Court

KELLY, Judge.

D.L.J. appeals from the order adjudicating him guilty of carrying a concealed firearm. He argues that the police did not have probable cause to conduct a pat-down search for weapons, and therefore the trial court erred when it denied his motion to suppress. We agree.

The record shows that the St. Peters-burg police received a complaint that someone was throwing rocks at a vacant house. The caller did not provide any further information other than the address of the house where the rock throwing was occurring. Officers Arkovich and Payton went to the address given by the caller.…

2Cases cited8 opinions

  1. Illinois v. WardlowSupreme Court of the United States · 2000
  2. State v. WebbSupreme Court of Florida · 1981
  3. Bradford v. StateDistrict Court of Appeal of Florida · 1990
  4. Harris v. StateDistrict Court of Appeal of Florida · 1991
  5. Hamilton v. StateDistrict Court of Appeal of Florida · 1993

3 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Caldwell v. StateSupreme Court of Florida · 2010
  2. Caldwell v. StateDistrict Court of Appeal of Florida · 2008
  3. McNeil v. StateDistrict Court of Appeal of Florida · 2008
  4. Ballenger v. StateDistrict Court of Appeal of Florida · 2009
  5. Caldwell v. StateSupreme Court of Florida · 2010

1 more not listed; retrieve them via the Exa API.

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