FL: A crack in the windshield is not enough for a stop unless the crack is so bad it makes driving unsafe

Not just any crack in a windshield justifies a stop under Florida law. The crack has to pose a safety risk before a stop can be justified. “Nevertheless, the Eleventh Circuit held that the officer’s mistake of law could not provide the reasonable suspicion to justify a traffic stop.” United States v. Chanthasouxat, 342 F.3d 1271, 1279 (11th Cir. 2003). Hilton v. State, 961 So. 2d 284 (Fla. 2007).

Hand-to-hand drug transaction was probable cause for stop and vehicle search. Question of defendant’s ability to consent because he could not speak English was moot. State v. Castro-Medina, 959 So. 2d 828 (Fla. App. 2d Dist. 2007), released for publication July 27, 2007.*

Where there are co-tenants, both do not have to consent to make a search legal. The defendant consented to the search, and his wife objected at first after he consented and then relented. Moorer v. State, 286 Ga. App. 395, 649 S.E.2d 537 (2007).*

Officer’s walking up to the defendant to talk to him was not a seizure. During the conversation, he developed cause to believe the defendant was DUI. Motion to suppress erroneously granted. People v. Walter, 374 Ill. App. 3d 763, 872 N.E.2d 104 (2d Dist. 2007).*