387 So.2d 963 (Fla. 1980), 56245, Hetland v. State

Docket Nº:56245.
Citation:387 So.2d 963
Party Name:Robert Leslie HETLAND, Petitioner, v. STATE of Florida, Respondent.
Case Date:September 11, 1980
Court:Supreme Court of Florida
 
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Page 963

387 So.2d 963 (Fla. 1980)

Robert Leslie HETLAND, Petitioner,

v.

STATE of Florida, Respondent.

No. 56245.

Supreme Court of Florida.

September 11, 1980

Robert E. Jagger, Public Defender, and Ellen Irene Hoffenberg, Asst. Public Defender, Clearwater, for petitioner.

Jim Smith, Atty. Gen., and William I. Munsey, Jr. and Peggy A. Quince, Asst. Attys. Gen., Tampa, for respondent.

PER CURIAM.

The question in this case is whether a valid stop and frisk may be based on information obtained from an anonymous telephone caller. The District Court of Appeal, Second District, in the decision below, 366 So.2d 831, answered this question in the affirmative provided the anonymous tip bore sufficient indicia of reliability. In reaching its decision the court expressly receded from the rule announced in its prior decision in State v. Hendry, 309 So.2d 61 (Fla. 2d DCA 1975). The District Court of Appeal, Fourth District, however, relied on State v. Hendry in reaching a negative response to this question. St. John v. State, 363 So.2d 862 (Fla. 4th DCA 1978). But cf. Byrd v. State, 380 So.2d 457 (Fla. 1st DCA 1980); Isham v. State, 369 So.2d 103 (Fla. 4th DCA 1979). Conflict jurisdiction therefore vests in this Court pursuant to article V, section 3(b)(3), Florida Constitution (1972).

We agree with the District Court of Appeal, Second District, that an inflexible rule based on the anonymous nature of the tip would not be appropriate in all instances without regard to the other circumstances involved. A valid stop and frisk may be based on information obtained from an anonymous tipster if that information appears sufficiently...

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