M.C.D. v. State

Full title: M.C.D., A CHILD, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, First District

Date published: Jan 19, 1996

675 So. 2d 949 (Fla. Dist. Ct. App. 1996)

Opinion

Nos. 95-1169, 95-1170.

January 19, 1996.

An appeal from the Circuit Court for Duval County; A.C. Soud, Jr., Judge.

Nancy A. Daniels, Public Defender; P. Douglas Brinkmeyer, Assistant Public Defender, Tallahassee, for appellant.

Robert A. Butterworth, Attorney General; Richard Parker, Assistant Attorney General, Tallahassee, for appellee.

PER CURIAM.

In each of the above cases, we find that there was not reasonable suspicion which would justify searching appellant. See In the Interest of A.J.M., 617 So.2d 1137 (Fla. 1st DCA 1993). The orders of adjudication and commitment are reversed, and the cases are remanded to the trial court to enter orders granting the motions to suppress.

WOLF and BENTON, JJ., concurring.

LAWRENCE, J., dissenting with written opinion.

LAWRENCE, Judge, dissenting.

I respectfully dissent. The school officer's justification for searching the student was based upon reasonable suspicion that he was in possession of unlawful drugs. Accordingly, I would affirm denial of the motion to suppress and further affirm the adjudication of delinquency and commitment.