Aguiar v. State

4 Citing cases

  1. Presley v. State

    227 So. 3d 95 (Fla. 2017)   Cited 14 times
    Holding that officers may temporarily detain passengers during reasonable duration of traffic stop

    Presley, 204 So.3d at 85–86. The district court fully concurred with the unanimous en banc decision of the Fifth District Court of Appeal in Aguiar v. State, 199 So.3d 920 (Fla. 5th DCA 2016). Presley, 204 So.3d at 89.

  2. Presley v. State

    204 So. 3d 84 (Fla. Dist. Ct. App. 2016)   Cited 6 times   2 Legal Analyses

    Appellant argues the officer violated his Fourth Amendment rights by requiring him to stay at the scene of the traffic stop because the officer lacked reasonable suspicion that appellant was engaged in criminal activity. We agree with the reasoning of the en banc opinion of the Fifth District Court of Appeal in Aguiar v. State, 199 So.3d 920 (Fla. 5th DCA 2016), rev. denied No. SC16–633, 2016 WL 3459769 (Fla. June 24, 2016), which held concerns for police officers' safety during a traffic stop outweigh the limited intrusion on passengers' rights by requiring them to remain at the scene for the reasonable duration of the traffic stop.

  3. People v. Greene

    No. 362544 (Mich. Ct. App. Jul. 20, 2023)

    For one, such a conclusion fully squares with Arizona, where the Court solidified a police officer's authority-consistent with the Fourth Amendment-to detain a passenger for the duration of the traffic stop. Arizona, 555 U.S. at 333. Second, we find the reasoning in Aguiar v State, 199 So.3d 920 (Fla App, 2016), a factually similar case, to be persuasive. In Aguiar, a vehicle being stopped by the police pulled into a parking lot, and a passenger immediately exited the vehicle and started walking away.

  4. Lopez v. State

    225 So. 3d 330 (Fla. Dist. Ct. App. 2017)   Cited 1 times   1 Legal Analyses
    Affirming convictions for possession of cocaine, tampering with evidence, and resisting an officer without violence, and denial of suppression motion, because "a police officer, consistent with the reasonableness requirement of the Fourth Amendment, may order a passenger to exit a lawfully stopped vehicle and may detain the passenger at the scene during the completion of the traffic stop"

    Our holding in the instant case is consistent with, and supported by, the decisions and analyses of two of our sister courts who have also addressed this issue. See Presley v. State, 204 So.3d 84 (Fla. 1st DCA 2016) (review granted, SC16–2089, oral argument held June 7, 2017); Aguiar v. State, 199 So.3d 920 (Fla. 5th DCA 2016) (en banc). Importantly, Wilson was decided in 1999, prior to the United States Supreme Court's decisions in Brendlin and Johnson.