District Court of Appeal of Florida

A conviction for possession of marijuana with intent to sell, manufacture or deliver it is reversed pursuant to a claim of erroneous denial of a suppression motion where a seizure occurred for Fourth Amendment purposes when defendant was "asked" by a sheriff's deputy to exit the car in which he had been a passenger and put his hands on the car's roof, so that defendant's immediately ensuing "consent" to a search of his person was no more than a submission to authority.

Appellate Information

• Decided 12/18/2006
• Published 12/19/2006

Judges

• WEBSTER, J.

Court

• District Court of Appeal of Florida

Counsel

• For Appellant:
  
• Nancy A. Daniels, Public Defender, and Archie F. Gardner, Jr., Assistant Public Defender, Tallahassee, for Appellant.


• For Appellees:
  
• Charlie Crist, Attorney General, and Anne C. Conley, Assistant Attorney General, Tallahassee, for Appellee.