Supreme Court of Florida

Whether evidence seized in a search incident to an arrest, based upon an outstanding warrant, discovered following an illegal stop is to be suppressed is to be answered by analyzing: 1) the time elapsed between the illegality and the acquisition of the evidence; 2) the presence of intervening circumstances; and 3) the purpose and flagrancy of the official misconduct.

Appellate Information

• Decided 02/09/2006
• Published 02/09/2006

Judges

• WELLS, J.

Court

• Supreme Court of Florida

Counsel

• For Appellant:
  
• Charles J. Crist, Jr., Attorney General, Tallahassee, FL, Celia Terenzio, Bureau Chief and Daniel P. Hyndman, Assistant Attorney General, West Palm Beach, FL, for Petitioner.


• For Appellees:
  
• Carey Haughwout, Public Defender, Marcy K. Allen, Assistant Public Defender, Fifteenth Judicial Circuit, West Palm Beach, FL, for Respondent.