Johnson v. State

Mar 4, 1994
No. 93-517
Versions:632 So. 2d 712
1994 Fla. App. LEXIS 1829
1994 WL 63308

Lead Opinion

PER CURIAM.

AFFIRMED.

COBB and GRIFFIN, JJ., concur. DAUKSCH, J., dissents with opinion.



Dissenting Opinion

DAUKSCH, Judge,

dissenting.

Because the trial judge did not find the traffic stop to be pretextual it is very difficult for me to so determine. But it is obvious that the only reason the drug enforcement deputies stopped the car was to search the ear. I’ve viewed the deputies’ own videotapes of the incident to reach my decision that this was an unconstitutional intrusion upon the liberties of the appellant and his 'codefendants. I would order the evidence suppressed. The judgment has a typographical error and the court improperly assessed “100FDLE” and “$15 drug and alcohol” costs. For these additional reasons I would reverse.