(Download) "George Winters v. State Florida" by Second District Court of Appeal of Florida ~ Book PDF Kindle ePub Free
eBook details
- Title: George Winters v. State Florida
- Author : Second District Court of Appeal of Florida
- Release Date : January 27, 1991
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
George Winters pleaded nolo contendere to possession of cocaine,1{/Cite} reserving the right to take this appeal from the
denial of his motion to suppress. We reverse because the officer's search and seizure of cocaine from the appellant's pocket
exceeded the permissible scope of an investigatory search under the Florida Stop and Frisk Law.2{/Cite} We find under these
facts that the temporary detention of the appellant was lawful. On October 8, 1987, at 11:00 p.m., plainclothes police observed
the appellant leaning into a station wagon stopped in the middle of an unpaved alley in a Fort Myers area known for drug
activity. Officer McDonald saw the appellant who is black accept money from the white male driver. As the officers pulled
up behind the station wagon in an unmarked police car, someone yelled that police were in the area. The appellant looked at
the officers and walked away. The station wagon drove off. Officer Jelks got out of the police car and stopped the appellant, who appeared to be trying to conceal the money in his
hand, while Officer McDonald pursued the station wagon. As Jelks was ordering the appellant to put his hands on the hood of
a car, Officer Morrissey arrived to back him up. At one point the appellant put his hand into his jacket pocket. Morrissey
withdrew the hand from the pocket and placed it on top of the car's hood. He then searched the pocket to "see what he was
after," pulling out what appeared to be cocaine.