(Download) "State V. Diaz" by Florida Supreme Court # Book PDF Kindle ePub Free
eBook details
- Title: State V. Diaz
- Author : Florida Supreme Court
- Release Date : January 15, 2003
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
We have for review the decision in Diaz v. State, 800 So. 2d 326 (Fla. 2d DCA 2001), which certified conflict with the decisions in State v. Wikso, 738 So. 2d 390 (Fla. 4th DCA 1999), and State v. Bass, 609 So. 2d 151 (Fla. 5th DCA 1992). We have jurisdiction. See art. V, § 3(b)(4), Fla. Const. Because the law enforcement officer here had no justification for continuing the restraint of this motorist and obtaining information from him after it was clearly determined that no question remained concerning a violation of law or the validity of the car's temporary license plate, we approve the holding in Diaz. The alleged justification for the continuing detention was found to be clearly erroneous, admittedly removed, and without foundation-reasonable or otherwise.