Quevedo v. State

Decision Date26 December 1989
Docket NumberNo. 89-938,89-938
Citation554 So.2d 620
Parties15 Fla. L. Weekly D42 Ivan QUEVEDO, Appellant, v. The STATE of Florida, Appellee.
CourtFlorida District Court of Appeals

Bennett H. Brummer, Public Defender and Rosa C. Figarola, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen. and Patricia Ann Ash, Asst. Atty. Gen., for appellee.

Before SCHWARTZ, C.J., and BARKDULL and JORGENSON, JJ.

SCHWARTZ, Chief Judge.

As we held in Russell v. State, 415 So.2d 797 (Fla. 3d DCA 1982), review denied, 427 So.2d 737 (Fla.1983), with respect to the crime of robbery, the mere fact that one, like Quevedo, is reasonably suspected of having committed a burglary in itself justifies a Terry pat-down and frisk for weapons. United States v. Moore, 817 F.2d 1105 (4th Cir.1987), cert. denied, 484 U.S. 965, 108 S.Ct. 456, 98 L.Ed.2d 396 (1987); People v. Myles, 50 Cal.App.3d 423, 123 Cal.Rptr. 348 (1975); 3 W. LaFave, Search and Seizure § 9.4(a), at 506 (2d ed.1987), and cases collected at note 29. ("[C]ourts have been inclined to view the right to frisk as being 'automatic' whenever the suspect has been stopped upon the suspicion that he has committed, was committing, or was about to commit a type of crime for which the offender would likely be armed, whether the weapon would be used to actually commit the crime, to escape if the scheme went awry, or for protection against the victim or others involved. This includes such suspected offenses as ... burglary."). This rule validates the order below denying a motion to suppress the contraband discovered during a founded Terry stop and frisk which was conducted in an investigation of that crime.

Affirmed.

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9 cases
  • RA v. State
    • United States
    • Florida District Court of Appeals
    • 27 January 1999
    ...to send, indeed. I therefore believe, with the trial court, that the Terry stop was appropriate. Because our decisions, Quevedo v. State, 554 So.2d 620 (Fla. 3d DCA 1989); see State v. Clark, 721 So.2d 1202 (Fla. 3d DCA 1998), establish that such a stop for suspected burglary justifies a pa......
  • In re Doe
    • United States
    • Idaho Court of Appeals
    • 17 June 2008
    ...that an officer "might well fear that someone suspected of burglary would carry a weapon and resort to violence"); Quevedo v. State, 554 So.2d 620, 620 (Fla.Dist.Ct.App.1989) (noting that "the mere fact that one, like Quevedo, is reasonably suspected of having committed a burglary in itself......
  • Nelson v. Com., 1623-96-1
    • United States
    • Virginia Court of Appeals
    • 3 June 1997
    ...v. State, 684 P.2d 874 (Alaska.Ct.App.1984); People v. Myles, 50 Cal.App.3d 423, 430, 123 Cal.Rptr. 348, 352 (1975); Quevedo v. State, 554 So.2d 620 (Fla.Dist.Ct.App.1989); State v. Burgess, 104 Idaho 559, 661 P.2d 344 (Ct.App.1983); People v. Solis, 135 Ill.App.3d 991, 90 Ill.Dec. 500, 482......
  • State v. Bonnett
    • United States
    • Florida District Court of Appeals
    • 9 July 2008
  • Request a trial to view additional results

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