{"id":632,"date":"2007-02-23T12:19:09","date_gmt":"2006-12-15T08:06:14","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2006-12-15T08:06:14","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=632","title":{"rendered":"Florida wrongly holds that holding a driver’s license of a pedestrian does not equate to a seizure"},"content":{"rendered":"

An officer encountered several men in a high crime area, and she engaged them in conversation. Some of them left, but defendant chose to stick around and talk. The officer asked for his identification, and she ran wants and warrants while engaging him in an apparently friendly conversation. A warrant came up, and a search incident was conducted. The whole scenario was consensual, and the court distinguishes the airport stop cases and police possession of plane tickets (e.g., Mendenhall<\/em>) because, since the defendant was not driving, he could have walked off and left his driver’s license behind. Golphin v. State, 945 So. 2d 1174 (Fla. December 14, 2006). <\/p>\n

(Comment:<\/em> In light of the fact that one’s driver’s license is now a virtually required document that one has to carry around at all times to get into courthouses, engage in many financial transactions, use a credit card for proof that it is yours, etc., like the papers that the Nazis required everybody else to carry (I’ve used the pictures from the Holocaust Museum before, so I’ll spare you), this opinion is just completely wrong. One cannot walk off and leave a driver’s license (the federal government has seen to it), and this opinion is disingenuous at best, manipulative at worst. This opinion defies commonsense and logic.)<\/p>\n

(I have court 150 miles away and have to leave. More later.)<\/p>\n","protected":false},"excerpt":{"rendered":"

b2evALnk.b2WPAutP Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-632","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/632","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=632"}],"version-history":[{"count":0,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/632\/revisions"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=632"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=632"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=632"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}