CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

Thursday, November 25, 2004

Supreme Court of Florida Holds that Officer Retaining License to Run Warrant Check Does Not Convert Consensual Encounter Into Unlawful Detention

Flcourt In the recently-issued State v. Baez decision, the Supreme Court of Florida held that a consensual encounter, in which the officer asks to see the citizen's identification, is not turned into a unlawful seizure when the officer extends the encounter by taking the identification to his patrol car and running a warrants check.  The dissent criticized the majority decision for "appearing to create a category of police-citizen encounter that is neither fish nor fowl--neither a wholly consensual encounter nor a detention supported by reasonable suspicion of criminal activity."  [Mark Godsey]

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