Antela v. State

I respectfully dissent.

The police officer testified at the suppression hearing that he observed Antela loitering near a convenience store which had been the target of several recent robberies. The officer further stated that Antela left the scene immediately upon becoming aware of the officer’s presence. The officer’s stop of Antela was lawful since it is consistent with the type of preliminary inquiry police officers must conduct in loitering or prowling situations. See D.A. v. State, 471 So.2d 147 (Fla. 3d DCA 1986) (gist of loitering or prowling offense is that defendant loitered or…