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F.E.H. v. State, No. 4D09-740 (Fla. App. 2/24/2010) (Fla. App., 2010)

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F.E.H., Jr., a child, Appellant, v. STATE OF FLORIDA, Appellee. No. 4D09-740. District Court of Appeal of Florida, Fourth District. February 24, 2010. Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County, Steven B. Feren, Judge, L.T. Case No. 08-9223DL00A. Carey Haughwout, Public Defender, and Patrick B. Burke, Assistant Public Defender, West Palm Beach, for appellant. Bill McCollum, Attorney General, Tallahassee, and James J. Carney, Assistant Attorney General, West Palm Beach, for appellee. GROSS, C.J. We reverse the circuit court’s finding that an interaction between appellant and a detective was a consensual encounter because, under the circumstances, a reasonable person would not have believed that he was free to disregard the order of a detective and leave the area...continue to full post

Full post as published by Florida Criminal Law Opinions on February 24, 2010 (boomark / email).