Mays v. State
Mays v. State
Opinion of the Court
This case is before the Court for review of the decision of the Second District Court of Appeal in Mays v. State, 887 So.2d 402 (Fla. 2d DCA 2004). The district court certified that its decision is in direct conflict with the decision of the Fourth District Court of Appeal in Baez v. State, 814 So.2d 1149 (Fla. 4th DCA 2002), quashed, 894 So.2d 115 (Fla. 2004). We have jurisdiction. See art. V, § 3(b)(4), Fla. Const.
The issue presented by the decision under review is controlled by our recent decision in Golphin v. State, 945 So.2d 1174 (Fla. 2006), petition for cert. filed, 75 U.S.L.W. 3512 (U.S. Mar. 9, 2007) (No. 06-1251). Therefore, we exercise our jurisdiction to grant the petition for review, and, in accordance with Golphin, we approve the decision below.
It is so ordered.
Concurring Opinion
specially concurring.
The question in this case is whether police may retain an individual’s identifica
Indeed, I expressed my view in Golphin that an individual’s consent to provide an officer with identification does not neees-sarily include consent for the officer to retain the identification to run a warrants check. See id. at 1201 n. 18. This is consistent with the United States Supreme Court’s pronouncement that “[i]n the absence of any basis for suspecting [a person] of misconduct, the balance between the public interest and [the] right to personal security and privacy tilts in favor of freedom from police interference.” Brown v. Texas, 443 U.S. 47, 52, 99 S.Ct. 2637, 61 L.Ed.2d 357 (1979).
I also reiterate my concern “about our freedom as Americans to lawfully move about without attracting the unwanted and coercive attention of the authorities.” Golphin, 945 So.2d at 1202 (Pariente, J., concurring in result only). Troubling statistics released by the New York City Police Department show that the number of people stopped on the streets in that city increased from 97,296 in 2002 to 508,540 in 2006. See A1 Baker, 6-Month Study to Review “Stop and Frisks” by New York Police, N.Y. Times, March 1, 2007, at Bl.
I remain concerned that little by little we continue to chip away at the protections of the Fourth Amendment that are designed to protect our citizens from unreasonable searches and seizures. This is not a theoretical problem but rather a tangible issue that goes to the core of the
ANSTEAD and QUINCE, JJ., concur.
. The New York City Police Department has commissioned an independent study of the way it stops people on the street that will focus on the role that race plays in these police-citizen encounters. See id. I previously noted that "[o]ne of the most disturbing features of suspicionless warrants checks is that the intrusion tends to fall disproportionately on particular ethnic and racial groups.” Golphin, 945 So.2d at 1202 n. 20 (Pariente, J., concurring in result only).
Reference
- Full Case Name
- Madison MAYS v. STATE of Florida
- Cited By
- 2 cases
- Status
- Published