Wednesday, October 29, 2008

February 8, 2008

A.T.P., 33 FLW 402, 2nd DCA, search of parked vehicle was unlawful where the juvenile had exited the vehicle thirty minutes earlier and had been told by the officer during a consensual encounter that he was free to go, and he was standing 30 to 60 ft. from the vehicle when the ofc discovered that juvenile had a business purpose only driver's license and he arrested him for the license violation-juvenile was not in close proximity to vehicle, had not recently exited the vehicle and did not have keys to locked vehicle in his possession; and there was no evidence that the officer was concerned for his safety or there was a risk that juvenile might destroy any evidence that might be contained in the vehicle

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