123ArticleOnline Logo
Welcome to 123ArticleOnline.com!

ALL >> Legal >> View Article

District Court Of Appeal Holds Probable Cause For Fleeing & Eluding Developed During Illegal Stop Is

By Author: Henry Rundquist
Total Articles: 4

In the matter State v Kirer the district court of appeal overturned the circuit court's order granting defendant's motion to suppress evidence holding that the deputy in this matter had sufficient probable cause to stop defendant's vehicle for the criminal offense of fleeing or attempting to evade a law enforcement officer due to the fact that defendant did not stop despite the deputy's use of his siren, emergency lights, along with numerous commands to stop announced through the deputy's P.A. system.

In this instance, a deputy sheriff was called to an address based on an anonymous call reporting a "suspicious incident" regarding individuals located inside an abandoned building. Once the police officer arrived, the deputy saw defendant in close proximity to a car parked in the vacant house's driveway. The officer turned on his overhead lights and pointed his lights on defendant's car. The deputy's patrol vehicle was not preventing defendant from leaving, & that was when the defendant backed out & began to drive. The deputy pursued the defendant. The officer activated on his siren, kept his cruiser's lights on, and on multiple occasions directed defendant to stop over his vehicle's P.A. system. Despite the siren, flashing lights, & numerous orders, defendant continued driving and turned the car five times while the deputy was in pursuit of his vehicle one or two car lengths behind. Neither the defendant nor the deputy went in excess of approximately 10 mph. The defendant moved to suppress his identification, contending that the post-stop observation of defendant was a result of an improper stop. The prosecution contended that the defendant's conduct, although not constituting reasonable suspicion for a burglary, did constitute the crime of fleeing or attempting to elude. The lower court granted defendant's motion to suppress. The 4th District Court of Appeal found that if the defendant remained in the driveway or pulled over once the officer activated his lights and siren & utilized the P.A. system, there wouldn't be sufficient evidence to justify the traffic stop. In this matter, the appellate court ruled that the trial court erred in granting defendant's motion to suppress where the deputy did have probable cause to believe that defendant committed the crime of fleeing or attempting to elude in violation of Florida Statute 316.1935(1), regardless of whether probable cause initially justified the stop of the defendant. The district court of appeal reversed the order of the trial court & remanded for proceedings consistent with the opinion of the court.

For more information on Expungement Process Florida , Attorney Miami FL or DUI Attorney Miami FL you can contact us at: The Law Offices of Michael A. Dye, PA 2 South Biscayne Boulevard, Miami, FL 33131 (305) 459-3286

Total Views: 73Word Count: 463See All articles From Author

Legal Articles

1. What You Need To Know About Lawyers In Perth?
Author: Lester Ong

2. The Farjami & Farjami Llp Is The Best Law Firm To Protect Your Intellectual Property
Author: farjamillp

3. Hire Best Traffic Ticket Lawyer Houston To Prove Your Point In The Court
Author: arricsmith

4. How Can Real Estate Attorney Pa Help You When You Decide To Buy A New Home?
Author: Howard N Sobel

5. Tips That Motorcycle Accident Attorney New Jersey Provides Which You Must Know
Author: Howard Popper

6. Offender Law - Four Common Bail Bonds Questions And Their Answers
Author: Emily Stone

7. Know Certain Benefits Of Fha Loan Colorado
Author: Mitch Lichterman

8. List Of Questions And Answers That Can Help You Choose The Right Business Lawyer In Nj
Author: Howard N Sobel

9. How Can Social Media Impact Your Injury Case? - Answers The Personal Injury Attorney
Author: Howard N Sobel

10. When Wilmington, De Car Accident Attorney Can Help In A Car Accident Case
Author: Timothy Barnard

11. How Can Defective Product Lawyer Nj Help In Defective Product Liability Claims
Author: Howard D. Popper

12. Know What Bankruptcy Myths, Camden County Bankruptcy Attorney Debunked
Author: Howard N Sobel

13. Top 6 Faq’s To Inquire Your Injury Attorneys, Morris County Before Hiring Them For Settlement Claims
Author: Gregg Wisotsky

14. It Is Good Option To Consult Property Lawyers Before Buying Property
Author: Lex Lords

15. 10 Common Misconceptions About Personal Injury Attorney
Author: Mark Schiffrin

Login To Account
Login Email:
Password:
Forgot Password?
New User?
Sign Up Newsletter
Email Address: