Florida District Courts of Appeal, 1993

O'Neal v. State

Florida District Courts of Appeal · Decided July 7, 1993 · Anstead, Dell, Glickstein

620 So. 2d 1143; 1993 Fla. App. LEXIS 7151; 1993 WL 247157 (Southern Reporter, Second Series)

Opinion of the Court

PER CURIAM.

AFFIRMED.

*1144DELL, C.J., and GLICKSTEIN, J., concur. ANSTEAD, J., dissents with opinion.

Dissenting Opinion

ANSTEAD, Judge,

dissenting.

I would reverse and hold that a police officer had no lawful authority to enter the driveway of a private residence with his gun drawn and seize a person, after observing the person remove an object completely obscured and wrapped in a towel from the front seat of a vehicle, just because the officer suspected the wrapped object was a weapon. Cf. Brown v. State, 18 Fla.L.Weekly D1231, D1233, 1993 WL 152499 (Fla. 4th DCA May 12, 1993) (Letts, J., specially concurring).

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