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FL: First investigatory stop showed nothing wrong, so second stop was without justification

By John Wesley Hall, Jr.

First encounter with the defendant produced no evidence of wrongdoing, so the second was unjustified. Greider v. State, 2008 Fla. App. LEXIS 4818 (2d DCA April 4, 2008): In sum, a proper analysis of the case at bar requires partitioning the encounter continuum described by Officer Perna into two police-citizen encounters. This approach recognizes that the second encounter was an unlawful detention and invoked constitutional safeguards. We agree with the trial court that Officer Perna had a duty to check on Mr. Greider. However, once it was determined that Mr. Greider was "okay" and not involved in any criminal activity, the officer lacked the proper authority to order Mr. Greider to lower his window. We conclude and hold that the illegal detention and search of Mr...continue to full post

Full post as published by Fourth Amendment on April 07, 2008 (boomark / email).