Gorney v. State
| Decision Date | 03 February 1982 |
| Docket Number | No. 81-834,81-834 |
| Parties | Michael James GORNEY and Patrick Shawn Autry, Appellants, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
John Scarola of Montgomery, Lytal, Reiter, Denney & Searcy, P. A., and Edna L. Caruso, West Palm Beach, for appellants.
Jim Smith, Atty. Gen., Tallahassee, and Laura R. Morrison, Asst. Atty. Gen., West Palm Beach, for appellee.
REVERSED. We find that the trial court erred in failing to grant the motions to suppress filed by appellants. The police detained the appellants after observing them proceeding in rental cars on the highway and apparently making contact with one another by portable civilian band radios. We do not believe these circumstances were sufficient to give rise to a founded suspicion that the appellants were engaged in criminal activity so as to justify their detention. Kayes and Palmer v. State, --- So.2d ---- (); Royer v. State, 389 So.2d 1007 (Fla. 3d DCA 1980); State v. Stevens, 354 So.2d 1244 (Fla. 4th DCA 1978).
Accordingly, this cause is reversed and remanded for further proceedings consistent herewith.
To continue reading
Request your trial
-
State v. Avery, 87-0270
...DCA 1978); Robinson v. State, 388 So.2d 286 (Fla. 1st DCA 1980); Horvitz v. State, 433 So.2d 545 (Fla. 4th DCA 1983); Gorney v. State, 409 So.2d 220 (Fla. 4th DCA 1982). This opinion is entered en banc because we consider the issue to be of exceptional importance. 1 We conclude that the tri......
-
State v. Rizo
...suspicion sufficient to justify their stopping Rizo. Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968); Gorney v. State, 409 So.2d 220 (Fla. 4th DCA 1982); Robinson v. State, 388 So.2d 286 (Fla. 1st DCA 1980); Parker v. State, 363 So.2d 383 (Fla. 3d DCA 1978); Whitley v. State......
-
State v. Carroll, 4-86-2642
...the situation I have just described. Nor do I find a founded suspicion. Horvitz v. State, 433 So.2d 545 (4th DCA 1983); Gorney v. State, 409 So.2d 220 (4th DCA 1982). A seemingly identical situation--at least to this writer--arose in Rodriguez v. State, 494 So.2d 496 (Fla. 4th DCA 1986) whe......
-
Pantin v. State
...determines whether reasonable suspicion exists. State v. Rizo, 463 So.2d 1165, 1167 (Fla. 3d DCA 1984)(citing Terry; Gorney v. State, 409 So.2d 220 (Fla. 4th DCA 1982)). When an investigatory traffic stop is not based on reasonable suspicion, it violates the Fourth Amendment and is unlawful......