FL2: With an “extreme display of authority and … ‘overbearing tactics” was not by consent

With an “extreme display of authority and … ‘overbearing tactics” was not by consent. Dydek v. State, 2022 Fla. App. LEXIS 7253 (Fla. 2d DCA Oct. 26, 2022):

… Manifestly, in this case the officers’ extreme display of authority and their “overbearing tactics” negated any possibility that their encounter with Dydek was consensual.

It makes no difference that, as the State notes, there was conflicting testimony as to whether Dydek stepped out of his hotel room or was grabbed and pulled out. Under no reasonable view of either version was Dydek’s exit from his hotel room voluntary. No reasonable person would feel unrestricted and free to leave upon opening his door to be confronted by multiple officers with firearms drawn and with a rifle trained at the room from a few dozen yards away. And Dydek was definitively not free to leave when the officers laid hands on him, hauled him down the hall, attempted to handcuff him, and smashed his face into the ground.

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