Case Law 1 Flashcards
What are the facts of Davis v. State?
Two police officers attempted to question defendant after receiving a call from a restaurant of a “suspicious incident” involving defendant. Defendant became agitated, struck one officer, and tussled with the second officer. Defendant was charged with Resisting an Officer without violence.
What is the holding of Davis v. State?
See Davis v. State, 973 So. 2d 1277, 1279 (Fla. 1 DCA, 2008) (Without information regarding the nature of the “suspicious incident” the officers were investigating, there was not sufficient evidence that based on a reasonable suspicion of criminal activity by defendant, the officers were engaged in the lawful execution of a legal duty
What are the facts of J.L.?
an anonymous caller reported to Miami-Dade Police that a young black male standing at a particular bus stop and wearing a plaid shirt was carrying a gun. Two officers were dispatched to the bus stop. The officers saw three black males, one of whom, J.L., was wearing a plaid shirt. One of the officers frisked him and seized a gun from J.L’s pocket. J.L. was arrested.
What is the holding of J.L.?
The Supreme Court held that a Terry “stop and frisk” search of respondent based only on an anonymous tip was invalid under U.S. Const. amend. IV.
What are the facts of Jessup?
In Jessup, an officer was dispatched to a private residence at 2:45 AM to investigate a stolen ball. During the investigation, the officers learned that no ball had been stolen by the suspects.
What is the holding of Jessup?
Even if it was assumed the officers initially had reasonable suspicion to stop the arrestee and her boyfriend outside of his house, once they learned that no ball had actually been stolen, there was no further basis for suspecting any criminal activity and, thus, no lawful reason to continue any detention
What are the facts of Cooks v. State, 28 So. 3d 147 (Fla. 1st DCA 2010)?
A hotel clerk called in for a suspicious vehicle referencing to a male subject that was trying to open the back door. The dispatch indicating that Defendant was in a maroone car with two other male. Police stopped car based on the CAD description of the vehicle.
What is the holding of Cook v. State?
Corroboration of nothing more than innocent details of identification assists the state in making the required showing that the information was sufficiently detailed to single out the suspect. It does not, however, create or support a suspicion that crime is afoot, which is essential if a report of generalized, allegedly suspicious activity is to justify a stop
What are the facts of Hall v. State, 366 So. 2d 865 (Fla. 4th DCA 1979)
Police officers received a report from a store manager that defendant and another person had visited the store, that they did not appear interested in buying anything, and that their conduct was suspicious. Based on this information, an officer stopped the suspects and found stolen merchandise in the back of the automobile.
What is the holding of Hall v. State, 366 So. 2d 865 (Fla. 4th DCA 1979)
Bare suspicion will not support an investigatory detention.
What is the facts DeRosa v. Sheriff of Collier County, 416 Fed. Appx. 839; 840
Officer observed the vehicle driving on the opposite side of the road using its high beam lights. Officer stopped the vehicle and cited the driver. During the course of Officer’s investigation, Plaintiff, passenger spoke to driver and the officer told her to shut up three times. Plaintiff criticized the Officer.
What is the holding of DeRosa v. Sheriff of Collier County, 416 Fed. Appx. 839; 840
Plaintiff’s criticisms, even if distracting, did not incite others against, interfere with, or impede George from citing driver for his traffic infraction. Therefore, Officer lacked arguable probable cause to arrest Plaintiff.
What are the facts of Skop v. City of Atlanta, 485 F.3d 1130 (11th Cir. 2007)
The arrestee’s car was the only one to approach the officer’s roadblock, formed due to a downed electrical wire during a storm. The officer did not have to move, but he could not arrest her just for reasonably and politely asking him to move his car a foot so she could enter her driveway.
What is the holding of Skop v. City of Atlanta, 485 F.3d 1130 (11th Cir. 2007)
Requesting an officer to move his parked vehicle blocking plaintiff’s driveway was not obstruction under Ga. Code Ann. 16-10-24(a) or refusal to follow an order of an officer directing traffic, since there may have been no order. If true, qualified immunity was absent.
What is the relationship of elements crime and arguable probable cause?
Whether an arresting officer possesses probable cause or arguable probable cause naturally depends on the elements of the alleged crime, Crosby v. Monroe County, 394 F.3d 1328, 1333 (11th Cir. 2004), and [*1138] the operative fact pattern
