Florida District Courts of Appeal, 2012

Febres v. State

Febres v. State
Florida District Courts of Appeal · Decided March 7, 2012 · Wells, Fernandez, Schwartz
81 So. 3d 613; 2012 Fla. App. LEXIS 3564; 2012 WL 716158 (Southern Reporter, Third Series)

Febres v. State

Opinion of the Court

PER CURIAM.

Affirmed.

WELLS, C.J., and FERNANDEZ, J., concur.

Dissenting Opinion

SCHWARTZ, Senior Judge

(dissenting).

In my view, the confession which was the most significant aspect of the prosecution’s case, should have been suppressed as the product of an unlawful, non-consensual confinement, that is, an arrest, which was not supported by probable cause. See Brown v. Illinois, 422 U.S. 590, 95 S.Ct. 2254, 45 L.Ed.2d 416 (1975); Florida v. Royer, 460 U.S. 491, 103 S.Ct. 1319, 75 L.Ed.2d 229 (1983), affirming Royer v. State, 389 So.2d 1007 (Fla. 3d DCA 1979); Ladson v. State, 63 So.3d 807 (Fla. 3d DCA 2011) (Schwartz, Senior J. dissenting); B.S. v. State, 548 So.2d 838 (Fla. 3d DCA 1989); Taylor v. State, 355 So.2d 180 (Fla. 3d DCA 1978).

Case-law data current through December 31, 2025. Source: CourtListener bulk data.