FL: First investigatory stop showed nothing wrong, so second stop was without justification

First encounter with the defendant produced no evidence of wrongdoing, so the second was unjustified. Greider v. State, 977 So. 2d 789 (Fla. App. 2d DCA 2008):

In sum, a proper analysis of the case at bar requires partitioning the encounter continuum described by Officer Perna into two police-citizen encounters. This approach recognizes that the second encounter was an unlawful detention and invoked constitutional safeguards. We agree with the trial court that Officer Perna had a duty to check on Mr. Greider. However, once it was determined that Mr. Greider was “okay” and not involved in any criminal activity, the officer lacked the proper authority to order Mr. Greider to lower his window. We conclude and hold that the illegal detention and search of Mr. Greider were constitutionally invalid actions by Officer Perna and that the motion to suppress should have been granted.

State conceded in oral argument in the Court of Appeals that the initial search was illegal. The case is remanded to the trial court for a determination of whether the fruit of the poisonous tree applies. State v. Poulton, 286 Kan. 1, 179 P.3d 1145 (2008).*