Palm Beach Adult Entertainment: M.R. v. STATE
April 22nd, 2010 by adultpalmbeachThe conduct of the appellant juvenile, a sixteen-year-old female, which consisted only of walking down the street in a “high prostitution area” at 9:30 in the evening
, did not give rise to the founded or articulable suspicion of unlawful activity necessary to justify the Terry stop effected by the police when, after engaging in a consensual and uneventful conversation, they placed her in their patrol car pending a “record search.” See Terry v. Ohio, 392 U.S. 1 (1968); Johnson v. State, 610 So. 2d 581 (Fla. 1st DCA 1993); Smith v. State, 592 So. 2d 1206 (Fla. 2d DCA 1992); State v. Hoover, 520 So. 2d 696 (Fla. 4th DCA 1988). Because they were thus not then acting in the lawful execution of their duties as Section 843.02, Florida Statutes (2008)
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1. The fact that M.R. was known to one of the officers as having been involved in prostitution on a previous occasion does not affect the issue …
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