Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Daniel R. MARSHALL, Appellant, v. STATE of Florida, Appellee.
Daniel R. Marshall appeals from the judgment and order of probation for possession of methamphetamine following the trial court's denial of his dispositive motion to suppress. The issue presented in this appeal is whether the totality of the circumstances surrounding a traffic stop gave rise to a reasonable belief on the part of the officers that Marshall was armed with a dangerous weapon. See Howell v. State, 725 So.2d 429 (Fla. 2d DCA 1999); Premo v. State, 610 So.2d 72, 74 (Fla. 2d DCA 1992). It was undisputed that Marshall did not make any furtive movements, he cooperated with the officers, and nothing about his appearance or actions suggested that he had a dangerous weapon on his person. Because the officers did not articulate a reasonable belief that Marshall was armed with a dangerous weapon, we reverse. See Sutton v. State, 698 So.2d 1321 (Fla. 2d DCA 1997).
FULMER, Judge.
CASANUEVA and SILBERMAN, JJ., concur.
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.
Docket No: No. 2D00-438.
Decided: October 11, 2002
Court: District Court of Appeal of Florida,Second District.
Search our directory by legal issue
Enter information in one or both fields (Required)
Harness the power of our directory with your own profile. Select the button below to sign up.
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)