Justice Pariente and the Use of Dissent

Cuffed Defendant before criminal court (Transp...

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State v. Hankerson, 36 Fla. L. Weekly S182 (Fla. Apr 21, 2011): State sought review from DCA reversal of lower court denial of Motion to suppress, reversed/quashed – Defendant observed doing several quick hand to hand transactions.  Law enforcement suspected criminal activity and had defendant stopped (investigatory detention) at which point the defendant is described as voluntarily removing his shoe where cocaine was found.  Lower court denied motion to suppress.  Issue resolved was that appellee can raise any grounds to sustain the lower courts ruling even grounds not raised at the trial level.  Justice Pariente’s dissent really addresses dicta but provides a guide to determining when law enforcement has “probable cause” and when they only have “reasonable suspicion.”  The dissent is worth a read.  The opinion really deals with an appellate issue.

Pariente utilizes Revels v. State, 666 So.2d 213 (Fla. 2d DCA 1995) as a guide.  Probably also a good read (but what isn’t out of the Second District?)

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