Opinion

State v. Brown

  • 49 Fla. Supp. 2d 31
Court
Circuit Court for the Judicial Circuits of Florida
Filed
Aug 21, 1991
Status
Published
On the bench
Colbath, Lupo, Remanded, Stewart
Cited by
0 cases

The opinion

OPINION OF THE COURT

PER CURIAM.

Reversed. James Curtis Brown was cited with driving under the *32 influence in violation of Florida Statutes §316.193 by Officer Hill of the Lake Clarke Shores Police Department. Brown filed a motion to suppress the breathalyzer test results, etc., on the grounds that the arresting officer’s attempt to stop did not take place until after defendant and the officer exited the officer’s jurisdiction.

Although Officer Hill could have stopped defendant while he was still in Lake Clarke Shores, he did not do so because department procedures require a tag check before pulling a vehicle over. We reverse in that the reason for the hesitation was reasonable. We decline to set forth any guidelines, however, because reasonableness is an elementary principle of law.

REVERSED AND REMANDED. STEWART, COLBATH and LUPO, JJ., concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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