F.E.H., JR. v. STATE

No. 4D09-740.

28 So.3d 213 (2010)

F.E.H., JR., a child, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

February 24, 2010.


Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and Patrick B. Burke, Assistant Public Defender, West Palm Beach, for appellant.

Bill McCollum, Attorney General, Tallahassee, and James J. Carney, Assistant Attorney General, West Palm Beach, for appellee.


GROSS, C.J.

We reverse the circuit court's finding that an interaction between appellant and a detective was a consensual encounter because, under the circumstances, a reasonable person would not have believed that he was free to disregard the order of a detective and leave the area. The stop and subsequent search therefore violated the Fourth Amendment.

Late one night a detective saw two males standing in the corner of the open parking lot of a closed daycare...

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