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DEPARTMENT OF HIGHWAY SAFETY v. UTLEY

No. 1D05-3297.

930 So.2d 698 (2006)

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, Petitioner, v. Ralph Lee UTLEY, Respondent.

District Court of Appeal of Florida, First District.

Rehearing Denied June 7, 2006.

Attorney(s) appearing for the Case

Enoch J. Whitney, General Counsel, and Bryan Thomas Pugh, Assistant General Counsel, Tallahassee, for Petitioner.

David M. Robbins, Esquire, and Susan Z. Cohen, Esquire, Epstein & Robbins, Jacksonville, for Respondent.

PER CURIAM.

The petition for writ of certiorari is denied on the merits.

WEBSTER and POLSTON, JJ., CONCUR; HAWKES, J., concurs with opinion.

HAWKES, J., concurring.

The constitutional validity of a traffic stop depends upon purely objective criteria. See Whren v. United States, 517 U.S. 806, 813, 116 S.Ct. 1769, 1774 135 L.Ed.2d 89 (1996). The subjective knowledge, motivation or intention of the individual...

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