Legal Opinion

M.R. v. State

District Court of Appeal of Florida

Decided April 21, 2010No. 3D09-1074Published

1Opinion of the Court

SCHWARTZ, Senior Judge.

The conduct of the appellant juvenile, a sixteen-year-old female, which consisted only of walking down the street in a “high prostitution area” at 9:30 in the evening1, did not give rise to the founded or articulable suspicion of unlawful activity necessary to justify the Terry stop effected by the police when, after engaging in a consensual and uneventful conversation, they placed her in their patrol car pending a “record search.” See Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968); Johnson v. State, 610 So.2d 581 (Fla. 1st DCA 1993); Smith v. State,…

2Cases cited9 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. Tillman v. StateSupreme Court of Florida · 2006
  3. State v. HooverDistrict Court of Appeal of Florida · 1988
  4. Parsons v. StateDistrict Court of Appeal of Florida · 2002
  5. Davis v. StateDistrict Court of Appeal of Florida · 2008

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