123ArticleOnline Logo
Welcome to 123ArticleOnline.com!
ALL >> Legal >> View Article

Second District Court Of Appeal Overturns Lower Court's Ruling Based On Illegal Search

Profile Picture
By Author: Aaron Dally
Total Articles: 1
Comment this article
Facebook ShareTwitter ShareGoogle+ ShareTwitter Share

In the case of Forman v. State, the Court of Appeal reversed defendant's conviction & sentence for possessing cocaine in an occurrence stemming from an automobile accident. The defendant was traveling as a passenger in a vehicle that was involved in a car accident where the driver of that car was not at fault. After arriving as backup at the scene of the accident, a police officer saw defendant sitting in the front passenger seat of the car. The police officer testified in court that defendant was rocking back & forth in the seat and that he ordered defendant to exit the vehicle for officer safety. In his testimony, the officer was not to give any particular facts to justify his concern for officer safety. Defendant initially refused, but the officer ordered the defendant to get out of the vehicle. When the defendant was out of the car, the police officer noticed a bulge in defendant's waistband, searched him, & located cocaine. The defendant filed a motion to suppress at trial, but it was denied.

On appeal, the circuit court noted that, if defendant had been traveling as a passenger in a vehicle ...
... that had been legally stopped, the trial court would have been correct in denying defendant's motion to suppress. However, in this case the vehicle had been involved in a automobile accident and was not lawfully stopped. The District Court of Appeal based their ruling on the holding in Miranda v State. Miranda held that an officer cannot order a party to exit a vehicle without having reasonable suspicion that a crime has occurred. Therefore, the court overturned the denial of the defendant's motion and ordered the trial court to vacate his judgment and sentence.

For more information on DUI Attorney Fort Lauderdale FL , Criminal Attorney Fort Lauderdale FL and DUI Attorney Fort Lauderdale FL you can contact us at: The Law Offices of Michael A. Dye, PA 1 E Broward Blvd # 700, Fort Lauderdale, FL 33301
(954) 990-0525

Total Views: 363Word Count: 342See All articles From Author

Add Comment

Legal Articles

1. The Role Of Financial Affidavits In Florida Divorce Cases
Author: Grant J Gisondo

2. Notarization Vs Witnesses: Does A California Separation Agreement Need Notarizing?
Author: Carl Glendon

3. How Florida Courts Determine A “substantial Change In Circumstances”
Author: Grant J Gisondo

4. Understanding Equitable Distribution Vs. Equal Division In Florida Divorce
Author: Grant J Gisondo

5. Antimonopoly Disputes Resolution: A Practical Guide For Fair Market Compliance
Author: Haider

6. New Zealand Student Visa: Your Gateway To Study In A World-class Destination
Author: Atul

7. Why Certificate Attestation Is Needed: Purpose, Importance, And Common Uses
Author: Prime Global

8. Emergency Bankruptcy Filing: How It Can Stop Foreclosure Fast
Author: Recovery Law Group

9. Top Property Lawyer Law Firm In Pune - Propdox
Author: Propdox

10. Trusted Nri Legal Advocate In Chennai | Complete Support
Author: Sonu

11. Equivalency Certificate For The United Arab Emirates: A Complete Guide For Professionals And Students
Author: Prime Global

12. Uk Study Visa 2026: Requirements, Process & Fees For Indians
Author: Atul

13. Uae Construction And Real Estate Projects Under Legal Spotlight As Delay Penalties And Termination Risks Tighten
Author: The Law Reporters

14. What Founders Should Know Before Publicly Disclosing An Invention
Author: AMD LAW INDIA

15. Corporate Legal Advisor Benefits | Mio & Partners Guide
Author: MIO & Partners

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