Bascoy v. State, s. 81-2661
| Decision Date | 14 December 1982 |
| Docket Number | 81-2663,Nos. 81-2661,s. 81-2661 |
| Parties | Manuel BASCOY and Angel Sotolongo, Appellants, v. The STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Pollack, Komorowski & Headley and John Lipinski, Miami, for appellants.
Jim Smith, Atty. Gen. and Charles A. Stampelos and William Thomas, Asst. Attys. Gen., for appellee.
Before HUBBART, C.J., and BASKIN and FERGUSON, JJ.
Where the defendants were stopped by an officer for minor traffic infractions of such a nature that any citizen committing them could have routinely been stopped, that the officer "possibly" would not have stopped defendants but for further suspicion that they were also engaged in criminal activity did not render it an unlawful "pretext" stop. See State v. Holmes, 256 So.2d 32 (Fla. 2d DCA 1972), writ discharged on different issue, 273 So.2d 753 (Fla.1973) (). The other issues raised as error are without merit.
Affirmed.
To continue reading
Request your trial
-
Hansbrough v. State, 67463
...criminal activity for a minor traffic infraction for which any citizen could be stopped is not an unlawful pretext stop. Bascoy v. State, 424 So.2d 80 (Fla. 3d DCA 1982). The officer who arrested Hansbrough saw him make an illegal turn and observed that his car had a broken windshield. Thes......
-
Doctor v. State
...'pretext' stop." State v. Kehoe, 498 So.2d 560 (Fla. 4th DCA 1986), approved, 521 So.2d 1094 (Fla.1988) (quoting Bascoy v. State, 424 So.2d 80 (Fla. 3d DCA 1982)). THE We affirm the trial judge's determination that the officers' encounter with the appellant was lawful. When a police officer......
-
State v. Eubanks
...stopped for a traffic violation, use of a drug-sniff dog was not an unconstitutional search under the Fourth Amendment); Bascoy v. State, 424 So.2d 80 (Fla. 3d DCA 1982) (stopping a person suspected of further criminal activity for a minor traffic infraction for which any citizen could be s......
-
Conti v. State, 88-598
...denied the motion. Following the initial lawful stop of the car in this case (Kehoe v. State, 521 So.2d 1094 (Fla.1988); Bascoy v. State, 424 So.2d 80 (Fla. 3d DCA 1982)), the first search did not reveal contraband and is not of critical significance to our review. The officer then arrested......